IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 LA.App..No. 323 of 2008() ------------------------- LAR.376/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S)/ RESPONDENT NO.2 : --------------------------------------------- MANAGING DIRECTOR,KSIDC REP.BY A.G.M (IGC)KSIDC,KESTON ROAD,KOWDIAR,THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S)/ CLAIMANTS AND R1 : -------------------------------------------- 1. THEKKAYIL KARAYI BALAN, KALLAYEENTAVIDA,P.O PUTHUR. 2. STATE OF KERALA REP.BY THE DISTRICT COLLECTOR,KANNUR. GOVERNMENT PLEADER FOR R2 SRI. K. SANIL KUMAR SRI.GRASHIOUS KURIAKOSE FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 323 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR 376/05. An area of 0.0090 hectares of land comprised in R.S.No.1/4 of Cheruvancherry Village had been acquired for the purpose of widening the Kuthuparamba-Valiyavelicham road. A total compensation of Rs.8,080/- has been awarded by the Land Acquisition authority. On reference the Land Acquisition Court has enhanced the market value at the rate of Rs.10,000/- per cent for the acquired land. It is seen that similar matters had been disposed of by the Division Bench of this court from the same acquisition under the very same notification etc. The guidelines had been given by the learned Judge in K.S.I.D.C v. Vayalambron Krishnan 2008 (4) KLT 726. There the guidelines to be followed in fixing the compensation under certain situation had been emphasized but unfortunately the L.A.A. 323 OF 2008 -2- Land Acquisition Court did not have the opportunity to peruse the same and therefore the matter requires reconsideration at the hands of the Land Acquisition Court in the light of the enunciated principles given in the decision stated above. Therefore I set aside the award passed by the Land Acquisition Court, remit the case back to the Land Acquisition Court for fresh consideration in accordance with the principles laid down in 2008 (4) KLT 726, after affording equal opportunities to all concerned to produce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Land Acquisition Court on 7.1.2010. M.N. KRISHNAN, JUDGE. ul/-