C D ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimants are the appellants and their grievance is that the Land Acquisition Reference Court did not award them adequate compensation for their properties which was acquired for the purpose of development of Punalur- Moovattupuzha road. They had claimed for enhanced land value and compensation for injurious affection before the Reference Court. The Reference Court upheld their claims only to a certain extent. According to them, their claim should have been upheld by the learned Subordinate Judge to the full extent claimed by them.

(2.) ON going through the impugned award it is seen that the learned Subordinate Judge has awarded to the appellants maximum compensation that could have been awarded on the basis of the evidence which was available on record. But in this appeal along with I.A.854/12 the appellants have produced certified copy of the two sale documents. According to the appellants, these documents are relevant and the appellants are to be permitted to place these documents on record before the Reference Court they stand a good chance of getting higher compensation. We are not inclined to go into the merits of the matter now. We feel that an opportunity can be given to the appellants to place on record the two documents produced along with I.A.854/12 before the learned Subordinate Judge by incorporating proper conditions so as to protect the interest of the Government in the matter.

(3.) THE result of the above discussion therefore is as follows:- The judgment and decree under appeal are set aside and LAR.1/09 is remitted back to the Sub Court, Pathanamthitta. The learned Subordinate Judge is directed to permit the appellant to produce the two documents which the appellants have produced before this Court along with I.A.854/12. If the appellants want to adduce any further evidence in support of their claim for enhanced compensation, the learned Subordinate Judge shall permit the appellant to do so. If the appellants adduce further evidence, the learned Subordinate Judge shall permit the Government to adduce counter evidence. The learned Subordinate Judge will re-appreciate the evidence already on record and appreciate the evidence adduced by the parties subsequent to the remand and will pass a revised award. Parties will enter appearance before the learned Subordinate Judge on 18/08/12. The learned Subordinate Judge will expedite matters and will pass revised award at any rate within four months thereafter. This order of remand will operate only subject to the following conditions:-