IN THE HIGH COURT OF KERALA AT ERNAKULAM LA.App..No. 1698 of 2008(D) 1. STATE OF KERALA, REPRESENTED BY THE ... Petitioner Vs 1. SREEDHARAN, S/O. CHELLAPPAN, ... Respondent 2. V.SURESH KUMAR,S/O. VASUDEVAKURUP, 3. THE EXECUTIVE ENGINEER For Petitioner :GOVERNMENT PLEADER For Respondent :SMT.AMBIKA DEVI, SC, KWA The Hon'ble MR. Justice PIUS C.KURIAKOSE The Hon'ble MR. Justice K.SURENDRA MOHAN Dated :05/10/2009 O R D E R PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A No. 1698 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 JUDGMENT
Pius C. Kuriakose,J
The respondents/Claimants have not chosen to enter
appearance inspite of service of notice. The appeal pertains to
acquisition of land in Sasthamangalam Village within the area
of Thiruvananthapuram Corporation for the purpose of Kerala
Water Authority. The relevant section 4(1) notification was
published on 15.12.2001. The Land Acquisition Officer
awarded land value at the rate of Rs.81,510/- per Are. Before
the Reference Court, no documentary evidence was produced
by the claimants to support their claim for enhancement of
land value. All the documents which were produced by the
claimants were to support their claim that they are the persons
entitled for the enhanced compensation under deposit. The
reference in question was one under section 18 as well as
under section 31(2). Under the impugned judgment reliance
was placed only on the oral testimony of AW1. The learned
Subordinate Judge has enhanced the land value to Rs.
2,00,000/- per Are. The reference under section 31(2) is not
L.A.A No. 1698 OF 2008 .
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2. We are of the view that the learned Subordinate
Judge was not justified in re-fixing the land value at the rate of
Rs. 2,00,000/-per Are as the same is only on the basis of
guess work. At the same time we feel that the market value
of the land in question at the relevant time should be at least
Rs. 1,15,000/-per Are. We are not inclined to decide the issue
finally because this is a reference under section 31(2).
Accordingly, we set aside the judgment and decree and
remand the LAR to the Subordinate Judge’s Court,
Thiruvananthapuram. The learned Judge will answer the
reference under section 18 as well as under section 31(2) of
the Land Acquisition Act. The learned Subordinate Judge will
have due regard to our finding that the market value of the
property in Sasthamangalam Village is at least Rs.1,15,000/-.
The appeal is allowed by way of remand.
( PIUS C. KURIAKOSE, JUDGE)
(K. SURENDRA MOHAN, JUDGE)