IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 LA.App..No. 95 of 2009() -------------------------------- LAR.298/2005 of PRINCIPALSUB COURT,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT: ---------------------------------------------------- THE GENERAL MANAGER, K.S.I.D.C, KESTON ROAD, P.O.KOWDIAR, THIRUANANTHAPURAM. BY ADVS. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANTS 1 TO 6 AND 1ST RESPONDENT: --------------------------------------------------- 1. MAKUTTY CHEEROTTY, MATHOTTATHIL, MOORIYAD. 2. MAKUTTY PURUSHOTHAMAN, MATHOTTATHIL, MOORIYAD. 3. MAKUTTY ASHOKAN, MATHOTTATHIL, MOORIYAD. 4. MAKUTY PAVITHRAN,MATHOTTATHIL, MOORIYAD. 5. MAKUTTY SANTHA, MATHOTTATHIL, MOORIYAD. 6. MAKUTTY VILASINI, MATHOTTATHIL, MOORIYAD 7. GOVERNMENT OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO. 244/2009 IN LAA. NO.95/2009 DISMISSED 29/03/2011 SD/- HARUN-UL-RASHID, JUDGE TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. ------------------------ L.A.A.No.95 Of 2009 ---------------------- Dated this the 29th day of March, 2011. J U D G M E N T The appeal is directed against the award in L.A.R.No.298/205 on the file of the Sub Court, Thalassery. The Managing Director, K.S.I.D.C who is the requisitioning authority is the appellant. A small extent of 3.4086 cents of land at Kuthuparamba owned by the claimants 1 to 6 was acquired for the purpose of widening of the road leading to Industrial Growth Centre, Valiyavelicham. The Land Acquisition Officer fixed the land value at Rs.2,148/- per cent. The reference court re-fixed the land value at Rs.5,000/- per cent. Being aggrieved by the same the appellant has preferred this appeal. When the matter was taken up for consideration it is pointed out at the Bar that L.A.A.No.1576/2008 was remanded by this Court in a similar case in which the award passed by the reference court re-fixing the land value was set aside and remanded for fresh consideration. This case is also covered under the same notification for the very same acquisition for the very same ::2:: L.A.A.No.95 Of 2009 purpose. The land value fixed by the Land Acquisition Officer in that case was also Rs.2,148/-. The said reference case was remanded and directed the reference court to consider the matter afresh following the principles of law laid down in the decision reported in K.S.I.D.C v. Vayalambron Krishnan (2008 (4) KLT 726). In the result, this case also requires re-consideration. The judgment and decree passed by the reference court is set aside. The case is remanded for fresh consideration in accordance with law. The appellant is entitled to refund of one half of the court fee. HARUN-UL-RASHID, Judge. bkn/-