IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 LA.App..No. 141 of 2009() ------------------------- LAR.125/2005 of PRL.S.C.,THALASSERY .................... APPELLANT: RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR, KSIDC REP.BY ASSISTANT GENERAL MANAGER, KSIDC,KESTON ROAD KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENTS: CLAIMANT AND R1 ------------------------------ 1. K.JAMEELA, GREEN VIEW, P.O.MOORIYAD, VIA KUTHUPARAMBA. 2. GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR. BY SR. GOVERNMENT PLEADER SRI.BENNY VARGHESE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ----------------------------- L.A.A No.141 of 2009 ------------------------------ Dated this the 23rd day of December, 2009. O R D E R This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in L.A.R.No.125 of 2005. An extent of 0.0012 hectors of land in R.S.No.71of Kuthuparamba Village was acquired for widening the road to Industrial Growth Centre, Kuthuparamba. The Land Acquisition Officer awarded a sum of Rs.7,391/-. The Land Acquisition Court on reference enhanced the land value to Rs.10,000/- per cent. It is against that decision, the K.S.I.D.C had come up in appeal. 2. A large number of cases from the same acquisition have come up for consideration before this Court as well as the Division Bench of this Court. In one such matter, L.A.R.No.238 of 2005, an appeal was preferred as L.A.A.No.155 of 2009, the Hon'ble Judge of this Court held that the Land Acquisition Court is bound to consider the case in the light of the decision reported in K.S.I.D.C V. Vayalambron Krishnan (2008(4) KLT 726). The award was set aside and the matter was remitted back to the Land Acquisition Court. In L.A.A No.141 of 2009 2 the light of the said decision, the principles enumerated therein are to be considered while deciding the land acquisition reference. Therefore it has become necessary to set aside the award passed in this case and remand the case back to the Land Acquisition Court for consideration of the same in the light of the decision in K.S.I.D.C V. Vayalambron Krishnan (2008(4) KLT 726). All concerned may be permitted to produce documentary as well as the oral evidence in support of their respective contentions and the matter to be disposed of in accordance with law. The parties are directed to appear before the lower court on 21.1.2010. There will be a direction to refund the court fee paid on the memorandum of appeal to the appellant. Sd/- M.N.KRISHNAN JUDGE //True Copy// PA to Judge ab L.A.A No.141 of 2009 3