IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 LA.App..No. 662 of 2006() ------------------------- LAR.293/2000 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT(S): 3RD ADDL.RESPONDENT: ----------------------------------- THE MANAGING DIRECTOR, RUBBER PARK INDIA PVT. LTD., 2A, KAUTILEEYAM, RUBBER PARK, VALANCHIRANGARA,ERNAKULAM-683556. BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.RONY J.PALLATH SRI.JACOB P.ALEX SMT.RADHIKA RAJASEKHARAN P. RESPONDENT(S): RESPONDENTS/CLAIMANT: ------------------------------------ 1. KURUMBAN PAINKILY, VADAKKEKKARA, NORTH MAZHAVANNUR, IRAPURAM. 2. STATE OF KERALA. 3. THE MANAGING DIRECTOR, KERALA INDUSTRIAL INFRASTRUCTURE CORPORATION, KINFRA HOUSE, T.C.14/1026, VELLAYAMBALAM, TRIVANDRUM. GOVERNMENT PLEADER SMT. R.BINDU FOR R2 SRI.SIRAJ KAROLY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, ALONG WITH LAA NO.593 OF 2006 AND LAA NO.594 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.2038/2007 IN LAA.662 /2006 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 27.5.2010 okb /True copy/ P.A. to Judge SHRI. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- L.A.A.NOS.662/06, 593/06,831/06, 856/06, 661/06, 660/06,671/06, 594/06, 1054/07, 460/07, 586/07, 640/07 AND 287/07 ------------------------------------------------------------- Dated this the 31 st March, 2008. O R D E R These land acquisition appeals are in respect of acquisition of properties for Rubber Park of India Pvt. Ltd. In all these cases the order dated 4.3.2008 passed by the adalat shows that the company was proposing to convene a meeting of all the affected parties of the land acquisition on 14.3.2008 at the office of the company, with a view to arrive at a settlement with the plaintiffs. The cases were adjourned to this date. 2. Today, when the matter was taken up, the learned Govt. Pleader and Secretary of the company were present. The secretary of the company stated that the meeting was held on 14.3.2008 as stated in the order dated 4.3.2008. The Board of Directors of the Company expressed their offer to increase the L.A.A.662/06 etc. -2- compensation by 30% to 40% of the land value awarded by the Land Acquisition Officer. The court to which a reference had been made had allowed enhancement of land value ranging from 40% to 691%, according to her. The claimants were not prepared to agree for any reduction of the amount awarded by the court of reference. It is therefore made clear that a settlement is not possible to be arrived at. 3. Neither the claimants nor their counsel appeared. In these circumstances it is not possible to arrive at a settlement. After the order was passed learned counsel appearing for the claimants in L.A.A.1054/07 and L.A.A.586/07 appeared and stated that settlement is not possible and the cases may be referred to court. The cases are therefore returned to court. SHRI. S.VENKITA SUBRAMANIA IYER SENIOR ADVOCATE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE, jj