IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 355 of 2008()
1. STATE OF KERALA,
... Petitioner
Vs
1. KOTTILA VEETTIL NARAYANAN,
... Respondent
2. KOTTILA VEETTIL JANAKI,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.GOPIKRISHNAN NAMBIAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :09/07/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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L. A. A. No.355 of 2008
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Dated this the 9th day of July, 2009
JUDGMENT
Pius C. Kuriakose, J
This appeal preferred by the Government
pertains to acquisition of land in Kanhangad village for
the purpose of construction of a Railway Over Bridge.
The relevant Section 4(1) notification was published
on 09/08/99. The Land Acquisition Officer awarded
land value at the rate of Rs.5,145.58/- per cent. The
Reference Court under the impugned judgment re-
fixed land value at Rs.15,000/- per cent. Even though
the claimants had claimed for enhanced value for the
building and Exts.A1 and A2 were produced and
engineer was examined as AW2, the learned Sub
Judge did not become inclined to grant enhancement
L. A. A. No.355 of 2008 -2-
towards building value. The only evidence to support
the claimants’ claim to enhanced land value was the
oral evidence of AW1 alone. The learned Sub Judge
himself observed that no document have been
produced by the claimants in support of his claim for
enhanced land value. However, obviously, on guess
work the land value has been enhanced by 200% of
what was awarded by the Land Acquisition Officer. We
are unable to approve the action of the learned Sub
Judge in granting such steep enhancement on the
basis of oral evidence alone.
2. It is submitted by Sri.M.Gopikrishnan
Nambiar, the learned counsel for the respondent that
if an opportunity be given, the claimants will be able
to produce evidence not only in support of land value
but also in support of claim for building value. Under
L. A. A. No.355 of 2008 -3-
the above circumstances, we set aside the judgment
and decree under appeal and remand the LAR No.3/03
back to the Subordinate Judge’s Court, Hosdurg. That
court will give opportunity to the respondents/
claimants to adduce evidence in support of their claim
towards higher building value and higher land value. It
will be observed that the best evidence which is
possible for claim of higher land value is production of
sale documents pertaining to comparable properties. If
further evidence is adduced by the claimants, the
Government will also be given opportunity to adduce
counter evidence. Learned Sub Judge will pass the
revised judgment on the basis of the entire evidence
which comes on record at the earliest and at any rate,
within five months of the parties entering appearance
before the court below pursuant to this judgment.
L. A. A. No.355 of 2008 -4-
Parties will enter appearance before the court below
on 17/08/09.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-