STATE OF KERALA Vs. ABBAS

JUDGEMENT

(1.) The Government has preferred this appeal. This appeal is directed against the award of the Subordinate Judge's Court, Hosdurg in LAR.112/99. The case pertains to acquisition of land in Pallikkara village for the purposes of Bekal Tourism Project. According to the Government, the rate re-fixed by the Reference Court is excessive. Having heard the submissions of the learned Government Pleader and the learned counsel for the claimant/respondent, we are of the view that it is not necessary to examine the merits of the grounds raised against the land value re-fixed by the Reference Court. We find that the Requisitioning Authority was not a party before the Reference Court. We follow judgment of this Court in Steel Authority of India Ltd. v. State of Kerala, 1995 2 KerLT 683) and set aside the impugned award on the reason that the same has been passed by the Reference Court in the absence of the Requisitioning Authority. LAR.112/99 is remanded to the Sub Court, Hosdurg. The learned Subordinate Judge is directed to implead the BRDC as an additional party in the LAR case and to issue notice to them. Enquiry will be conducted giving opportunity to the appellant in this appeal, the Requisitioning Authority as well as to the claimant for adducing whatever further evidence they want to for substantiating their claims/contentions. Revised award will be passed on the basis of the evidence adduced by the parties.