IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 LA.App..No. 322 of 2010(A) -------------------------------------- [LAR.NO.314/2005 OF ADDITIONAL SUB COURT, THALASSERY] .................... APPELLANTS/CLAIMANTS 2 & 3: ----------------------------------------------- 1. PALERI BALAN, VANNATHIMOOLA, P.O.MOORIYAD, KANNUR DISTRICT. 2. PALERI JOHN, VANNATHIMOOLA, P.O.MOORIYAD, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. R2 BY ADV. SRI.JOBY CYRIAC, S.C, K.S.I.D.C. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- L.A.A. NO. 322 OF 2010 ------------------------------- DATED THIS THE 5TH DAY OF APRIL, 2011 JUDGMENT Claimants 2 and 3 in LAR.No.315/2005 on the file of the Additional Sub Court, Thalassery are the appellants. For want of evidence, the reference is answered negatively holding that the claimants are not entitled for any additional land value. 2. Heard the learned counsel for the appellants and the respondents. 3. An extent of 0.0185 hector of land owned the claimants was acquired for widening the Industrial Growth Centre, Kuthuparamba. The Lands Acquisition Officer fixed the land value at Rs.2,148/- per cent. Aggrieved by the award passed by the Land Acquisition Officer, the claimants sought for re-determination of the compensation at an enhanced rate. The claimants filed statements claiming Rs.15,000/- as the centage value. -2- L.A.A.No.322/2010 4. During the course of hearing, the learned counsel for the appellants brought to the notice of this Court the judgment of the Division Bench in LAA.No.110/2010 and connected cases. That case also relates to the acquisition of lands for widening the Industrial Growth Centre, Kuthuparamba. The said appeal was preferred by the claimants challenging the quantum of compensation awarded by the reference court. This Court set aside the judgment and decree passed by the reference court. The Land Acquisition Officer awarded Rs.15,000/- per cent. The property in the said case is included in category No.2. In the present case the property is included in category No.5. In the judgment dated 16th August, 2010 in LAA.No.110-/2010 the Division Bench of this Court held that the properties in group Nos.1, 3, 4 and 5 were lying contiguously and continuously in the same village there is co- relation between the respective values. It is further observed that the Land Acquisition Officer has also maintained the ratio between the values of these five properties. The Division Bench of this -3- L.A.A.No.322/2010 Court held that any enhancement in the value of properties included in a particular group should necessarily result in enhancement in the value of properties in the other groups also. In these circumstances, the claimants in this case are also entitled to a prorata enhancement. In the result, the judgment and decree passed by the reference court is set aside and the case is remanded for fresh consideration. No order as to costs. The appellant is entitled to refund of the court fee, subject to the payment of balance court fee payable. Since the matter is remanded, the court fee payable is limited to Rs.15,000/-. HARUN-UL-RASHID, Judge. kcv. -4- L.A.A.No.322/2010