IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 LA.App..No. 509 of 2009() ------------------------- LAR.21/2006 of SUB COURT, PATHANAMTHITTA .................... APPELLANT/IST RESPONDENT ---------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY SR.GOVERNMENT PLEADER, SRI.BENNY VARGHESE RESPONDENTS/CLAIMANTS AND RESPONDENT NO.2 -------------------------------------------- 1. PARVATHY AMMA SAROJINI AMMA, PORUNA KEEZHIL VEETTIL, ERATHU MURI. 2. THE EXECUTIVE ENGINEER, K.S.T.P KOTTARAKKARA DIVISION. ADV. SRI.T.K.KOSHY FOR R1 SRI.G.UDAYABHANU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.No.509/2009 I.A.NO.1532/2009 IN L.A.A.NO.509/2009 DISMISSED 6.1.2010 SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// PA TO JUDGE M.N.KRISHNAN, J. --------------------------- L.A.A.No. 509 OF 2009 --------------------------- Dated this the 6th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the award of the Land Acquisition Court, Pathanamthitta, in L.A.R.No.21/2006. 30 sq.metres of dry land in Survey No.375/18 of Erathu Village had been acquired for the purpose of widening Kottarakkara- Adoor- Chenganoor road. The Land Acquisition Officer fixed the land value at 26,192/-. The learned Subordinate Judge enhanced it to Rs.75,000/-. One judgment, Ext.A1, which is the certified copy in LAR.No.212/2005, was produced before the Court. The court below did not accept that document as well. The court held that the property covered under Ext.A1 is situated in Adoor Municipality, whereas the present property is situated 2 kms away from Adoor junction. No cogent evidence had been adduced in the matter. The way in which the matter has been dealt with is far from satisfactory. The basis on which the land value fixed at Rs.75,000/- is not at all seen from the award. Similarly, I find there are clerical mistakes also committed while L.A.A.No.509/2009 2 calculating. I make it very clear, I am not expressing anything on the merits regarding the value of the land. But, I want the court below to consider the matter in the light of the enunciated principles with materials and fix the compensation, so that, one will know the basis on which the value is assessed. 2. Therefore, the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contention and then dispose of the matter in accordance with law. The parties are directed to appear before the Land Acquisition court on 9.2.2010. (M.N.KRISHNAN, JUDGE) ps