IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 LA.App..No. 1492 of 2008() -------------------------- LAR.103/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN L.A.R: ------------------------------------------------------------------- THE GENERAL MANAGER, K.S.I.D.C. THIRUVANANTHAPURAM. BY ADVS. MR.D.KRISHNANKUTTY PILLAI, MR.SHEEJO CHACKO. RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT IN LAR: ------------------------------------------------------------------------------------------- 1. DR.JAMSHAD, S/O.JAMALUDHIN, KUTHUPARAMBU AMSOM NARAVOOR DESOM. 2. CHONON KUNHALIYUMA, KUTHUPARAMBU AMSOM, NARAVOOR DESOM. 3. GOVT. OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. R1 & R2 BY ADV.MR.C.P.PEETHAMBARAN R3 BY GOVERNMENT PLEADER MR. SHNYSON P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.3364/2008 IN LAA NO.1492/2008 DISMISSED 15/12/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... L.A.A.No.1492 OF 2008 ............................................. Dated this the15th day of December, 2009 J U D G M E N T This appeal is preferred against the award of the Land Acquisition Court, Thalassery in LAR.No.103/2005. 0.0181 hectares of land comprised in R.S.No.42/02 of Naravoor desom was acquired for the purpose of Industrial Growth Centre. The land acquisition officer awarded a total compensation of Rs.2,86.000/= which included the value of usufructs destroyed and the amount required for reconstruction of the mud wall. On reference, the land acquisition court fixed the land value at Rs.15,000/= per cent and it is against that decision, the requisitioning authority has come up in appeal. 2. Heard the learned counsel for the appellant as well as the counsel for the claimant. The learned counsel for the appellant had made available before me a decision of another Hon’ble Judge of this Court in LAA.1457/2008 in LAR.59/2005. LAR.59/2005 had been tried along with the case in question. The learned Judge after considering the : 2 : L.A.A.No.1492 OF 2008 matter, had remanded the matter to the land acquisition court for further consideration. A perusal of the facts of this case would reveal that really there is no basis given by the court below for fixing the centage value. A document was produced as Ext.A1. The court below found that the property is in a very important locality close to the highway. 3. Then the court went on to rely on some other awards of the additional sub court even without comparing the same and took the view that since in some other cases Rs.20,000/= is awarded, I fix the land value at Rs.15,000/= per cent. This is not a reasonable approach to fix the compensation in land acquisition cases and therefore the matter requires reconsideration at the hands of the land acquisition court. 4. Therefore the award under challenge is set aside and the matter is remitted back to the land acquisition court with a direction to permit the claimants as well as respondents to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. If the claimants feel it fit, they can take out a Commission also for that purpose. : 3 : L.A.A.No.1492 OF 2008 The parties are directed to appear before the court below on 21.1.2010. Refund of the full court fee paid on the memorandum of appeal be granted to the appellant. 50% of the amount deposited, be disbursed to the claimants. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : L.A.A.No.1492 OF 2008