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 3RD MARCH 2010 / 12TH PHALGUNA 1931 LA.App..No. 1496 of 2007(D) --------------------------- LAR.129/2001 of SUB COURT, PAYYANNUR .................... APPELLANT(S): CLAIMANT ---------------------- THAZHE MELOTTIDATHIL KUNHIKAMMARAN NAMBIAR, S/O. ASHTAMOORTHY NAMBOODIRI, MALAPPATTAM AMSOM, CHOOLIYAD DESOM. BY ADV. SRI.M.SASINDRAN SRI.K.T.POULOSE (KORATTY) RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR (L.A.), O.E.C.F., KANNUR.670 001 2. THE PROJECT OFFICER, O.E.C.F KERALA WATER AUTHORITY MALAPPARAMBA, KOZHIKODE – 9. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R1 SMT.AMBIKA DEVI, SC, KWA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON 03/03/2010 DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1496 OF 2007 ------------------------ Dated this the 3rd day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. His property in Sreekandapuram village was acquired for the purpose of Pattuvam Water Supply Project of the 2nd respondent Water Authority. The acquisition was pursuant to Section 4(1) notification published on 28/3/1998. The Land Acquisition Officer awarded land value at the rate of Rs.7370.50 per Are. As the appellant did not produce any acceptable evidence in support of his claim for enhanced land value, the court below confirmed the award passed by the Land Acquisition Officer. 2. In this appeal various grounds are raised assailing the judgment of the Reference Court. Along with this appeal, the appellant has produced two documents which indicate that the market value of the land at the relevant time in the locality was more than what was awarded by the Land Acquisition Officer. L.A.A.No.1496/2007 2 3. Smt.Latha T.Thankappan, learned senior Government Pleader would inform this court that considering other cases pertaining to the acquisition of identical land for the same purpose, this court has approved the judgments of the Reference Court enhancing the market value from Rs.7370.50 per Are considerably. 4. We feel that the appellant has a somewhat meritorious claim in the reference. We are therefore inclined to afford him opportunity to adduce evidence. However, opportunity will be given to the appellant only on strict conditions. 5. The result of the above discussion therefore is as follows; The judgment and decree under appeal are set aside. L.A.R. No.129/2001 is remanded to the Subordinate Judge's Court, Payyannur. That court is directed to permit the appellant to adduce whatever further evidence he wants to in support of his claim for enhancement. The Reference Court will pass revised award on the basis of the evidence that L.A.A.No.1496/2007 3 comes on record. It is needless to mention that if the appellant adduces evidence, the Government and the requisitioning authority also should be permitted to adduce counter evidence. The parties will enter appearance before the Reference Court on 31/3/2011. The Reference Court will complete the enquiry and pass revised award within two months of the court reopening after mid summer holidays. 6. This judgment will become operative only subject to the following conditions; i). The enhanced compensation to be awarded to the appellant pursuant to the revised judgment will not carry interest otherwise admissible under Section 28 of the L.A.Act during the period from 30/6/2003 till date (3/3/2011). ii). The appellant shall pay a sum of Rs.5,000/- to the 2nd respondent through their standing counsel in this court within 10 days from today and produce memo before the Reference Court. iii). The appellant shall pay an equal amount to the High Court Legal Services Committee also within the same time limit L.A.A.No.1496/2007 4 and produce memo before the Reference Court. The Registry will refund only one half of the court fee remitted on the appeal memorandum. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk