IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 LA.App..No. 1591 of 2008() -------------------------- LAR.58/2005 of PRL. SUB COURT,THALASSERY .................... APPELLANT:2ND RESPONDENT: --------------------------------- THE GENERAL MANAGER K.S.I.D.C., KESTON ROAD P.O.KOWDIAR,THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS:CLAIMANT & 1ST RESPONDENT: ---------------------------------------------------- 1. P.C.POKKU, S/O KUNHIKUTTAILI FAZEENAS, NARAVOOR, KUTHUPARAMBU. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. R1 BY ADV. SRI.C.P.PEETHAMBARAN R2 BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3679 OF 2008 IN LAA NO.1591 OF 2008 DISMISSED. 17.11.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1591 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th November, 2008 JUDGMENT This appeal is directed against the judgment and decree of the Subordinate Judge's Court, Thalassery in LAR No.58/05. The requisitioning authority is the appellant. The acquisition was for widening of the road to the Industrial Growth Centre, Valiyavelicham belonging to the appellant-KSIDC. The Land Acquisition Officer granted land value at the rate of Rs.3899/- per cent which was enhanced by the reference court to Rs.15,000/- per cent. I had occasion to deal with a large number of other cases relating to acquisition for the very same purpose. I find that in most of the cases the Land Acquisition Officer had awarded land value at the rate of Rs.3899/- per cent and the reference court had refixed the land value to Rs.10,000/- per cent. Under my common judgment in LAA No.1452/08 series, I interfered with such refixation and would refix the land value to Rs.9000/- per cent. In the instant case, the reference court fixed the land value at Rs.15,000/- per cent despite the fact that the Land Acquisition Officer had fixed the land value at Rs.3899/- per cent only. I notice from the judgment that the court below relied on Ext.X1 Commissioner's report which was to the effect LAA No.1591/08 - 2 - that the acquired property was situated just 1 K.M. from the Kuthuparamba Municipal Bus Stand. I further notice that relying on Ext.X1 itself, the court below found that the acquired property was having commercial potentiality in as much as a Maruti Workshop was already functioning on the reminder portion of the property. Thus, I feel that there is justification for granting more amounts than the amounts awarded by this court under my common judgment in LAA No.1452/08 series. However, I am not inclined to decide the issue finally. I am of the view that the issue should be reconsidered by the court below. Accordingly, I set aside the impugned judgment and decree and remand the L.A.R.case back to the reference court. That court will permit both sides to adduce further evidence and pass revised judgment on the basis of the further evidence to be adduced and the entire evidence which comes on record. Further trial will be completed and revised judgment as directed above will be passed by the reference court at the earliest and at any rate within four months of receiving a copy of this judgment. The appeal is allowed to the above extent. Refund the full court fee paid on the appeal memo to the counsel for the appellant. srd PIUS C.KURIAKOSE, JUDGE LAA No.1591/08 - 3 -