Ramachandran Nair, J. This appeal is filed by the claimant from L.A.R No.3/2010 on the file of Subordinate Judge, Hosdurg.
2. The extent of the property involved is 0.1128 hectares of land situated in R.S.No.48/6(48/4pt old) of Kanhangad Village. The notification under Section 4(i) was published on 25.04.2009. The total land value paid as per the award is Rs.6,87,216/-.
3. This appeal is filed by the 1st claimant aggrieved by the rejection of the Reference itself. We heard the learned counsel for the appellant Sri T.K.Vipindas, the learned Government Pleader and the learned counsel for the 4th respondent. We find from the impugned judgment that the reference is under Section 31(2) of the Land Acquisition Act and for want of statement and evidence on the part of the claimant, the reference is answered against the claimant.
L.A.A No.839 of 2013 2
4. The learned counsel for the appellant prayed for one more opportunity to establish his claim. It is submitted that the appellant has got valid title to claim apportionment of the amounts in deposit. There is a claim for enhancement of land value also, it is stated.
5. We are of the view that the appellant can be granted one more opportunity to establish his claim.
Accordingly, we allow this appeal. The judgment and decree of the court below are set aside. The matter is remanded back to the Reference Court for consideration. The parties will appear on 17.11.2014 and they will co-operate with the court below in filing the statement and in adducing evidence. Since the matter is remanded, the court fee paid on the Memorandum of Appeal will be refunded to the appellant.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge