IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 LA.App..No. 587 of 2010(B) ------------------------------- LAR.7/2004 OF SUB COURT, ATTINGAL ----------- APPELLANT(S): 2ND RESPONDENT -------------------------------------- SECRETARY, PAZHAYAKUNNUMEL GRAMA PANCHAYAT, KILIMANOOR. BY ADV. SRI. K.SIJU KAMALASANAN RESPONDENT(S): CLAIMANT & STATE ------------------------------------------- 1. THE KERALA STATE REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. JAMEELA, D/O.YOOSUF CRESENT, NEAR T.K.M.COLLEGE, KOTTAMKARA VILLAGE, KOLLAM FROM PUTHEN VEEDU, MAHADEVESWARAM, PAZHAYAKUNNUMMEL VILLAGE, PAZHAYAKUNNUMMEL DESOM. ADV. SRI.M.DINESH FOR R2 SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.587 of 2010 ------------------------------------------------ Dated this the 16th day of February, 2011 JUDGMENT Pius C. Kuriakose, J The Requisitioning Authority, Pazhayakunnumel Grama Panchayath is in appeal. For the establishment of a private bus stand for the Panchayat properties in Pazhayakunnumel village were acquired. The properties acquired were categorized into three categories 'A', 'B' and 'C'. This appeal involves properties included in category 'B' only. Included in category-A were properties enjoying direct frontage of the main road, Attingal - Kilimanoor road. Included in category-'B' were properties situated at a distance about 24 metres with cultivation of coconut, aricunut, plantain etc. Land Acquisition Officer awarded land value at the rate of Rs.23,472/- per Are for the properties in category-'A'. For L. A. A. No.587 of 2010 -2- properties in category-'B', he awarded land value at the rate of Rs.18,729/- per Are. Before the Reference Court, the evidence on the side of the claimants consisted of Ext.A1 to A7 and the oral evidence of the claimant as AW1. Though the Requisitioning Authority was present before the Reference Court, no counter evidence at all was adduced by that authority. The ground which is prominently raised in this appeal by the Panchayat is that it was due to a communication gap between the counsel and the Panchayat that the Panchayat could not adduce evidence. Sri.Siju Kamalasanan, the learned counsel for the appellant would fervently appeal for an order of remand for enabling the Panchayat to adduce evidence. Sri.M.Dinesh, the learned counsel for the claimant would oppose the request. According to Sri.Dinesh, it is the claimant who should be aggrieved by the award inasmuch as the court below has awarded only 50% of what was awarded for the properties L. A. A. No.587 of 2010 -3- in category-'A' for the properties in category-B. At least 80% of the value of properties in category-'A' should be awarded as was done by the Land Acquisition Officer. According to Sri.Dinesh, even if this court is inclined to grant opportunity to the Panchayat the same shall be on very stringent conditions. 2. We have considered the rival submissions. We are inclined to accept the submissions of Sri.Siju Kamalasanan that the Panchayat's failure to adduce evidence was due to a communication gap between the Panchayat and its counsel. At the same time, we notice some merit in the submission of Dinesh that it is not the correct ratio which has been maintained by the court below while fixing the values of properties in category 'A' and 'B'. We are of the view that an order of remand can be passed and opportunity can be given to both sides for substantiating their rival contentions subject to conditions. L. A. A. No.587 of 2010 -4- 3. Result of the above discussion is therefore, as follows:- The impugned judgment and decree are set aside. LAR.7/04 is remanded to the Reference Court. The Reference Court is directed to permit both sides to adduce further evidence in this case. The court below will pass revised judgment on the basis of the evidence already on record and evidence which comes to be on record pursuant to this order of remand. However, we make it clear that this judgment remanding the case to the Reference Court will become operative only if the following conditions are complied with by the appellant:- 1) The appellant will facilitate deposit of at least 50% of the decree debt due to the claimants under the impugned decree as on today within two months from today. 2) The appellant will pay a sum of Rs.5,000/- to the Kerala High Court Legal Services Committee within ten days L. A. A. No.587 of 2010 -5- from today. 3) The Registry will refund only 50% of the court fee remitted on the appeal memo to the appellant. Once 50% is deposited as directed above, the lower court should permit the claimants to withdraw the same subject to final outcome of the LAR. This appeal is thus, allowed by way of remand. Parties will enter appearance before the Reference Court on 9th March, 2011. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.587 of 2010 -6-