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. 1697 of 2008() -------------------------- LAR.366/2005 of PRL. SUB COURT, THALASSERY .................... APPELLANT:2ND RESPONDENT: --------------------------------- THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS:CLAIMANT & 1ST RESPONDENT: --------------------------------------------------- 1. PUTHALATH SANTHA, THATTIYATH HOUSE P.O.MOORIYAD. 2. GOVERNMENT 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.3860 OF 2008 IN LAA NO.1697 OF 2008 DISMISSED. 17.11.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1697 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th November, 2008 JUDGMENT This appeal by the requisitioning authority pertains to acquisition of land in Kuthuparamba village for the purposes of widening of a road to the Valiyavelicham Industrial Growth Centre of the appellant-KSIDC. The Land Acquisition Officer had awarded land value at the rate of Rs.2387/- per cent which was enhanced by the reference court to Rs.10,000/- per cent. I had occasion to deal with a large number of other appeals pertaining to the very same acquisition. I notice that the Land Acquisition Officer had adopted 4 different rates for awarding land value and the reference court also refixed the land value for these properties at different rates. I have already disposed of a batch of appeals (LAA No.1452/08 and connected cases) wherein the Land Acquisition Officer had granted land value at the rate of Rs.3899/- per cent and the reference court refixed the land value at the rate of Rs.10,000/- per cent. Under the common judgment in LAA No.1452/08 and connected cases I refixed the land value at Rs.9,000/- per cent. Considering another appeal LAA No.1447/08 which was in respect of the property involved in LAR No.168/05 where the Land Acquisition Officer had fixed land value at LAA No.1697/08 - 2 - the rate of Rs.3899/- per cent and the reference court had refixed the land value at Rs.7000/- per cent, I refixed the land value at the rate of Rs.6300/- per cent allowing the appeal in part. In the present appeal, the Land Acquisition Officer had fixed land value at the rate of Rs.2,387/- per cent which means that even according to the Land Acquisition Officer this land was superior to the land involved in LAA No.1447/08. Counsel for the party respondent would argue on the basis of Ext.X1 Commissioner's report that there is every justification for awarding at least Rs.9000/- per cent to the properties involved in this case since the properties involved in this case was having close proximity to the heart land of the town. 2. I do not propose to decide the issue finally. I feel that the reference court will have to take a final decision on the issue taking into account my observations in the judgments LAA No.1452/08 and connected cases and LAA No.1447/08. The reference court will also take into account the report of the Advocate Commissioner (Ext.X1) that the properties in this appeal is situated at a distance of only 2 K.M. away from the town area. I feel that the reference court will have to take a fresh decision in the matter in the light of my own judgments in LAA No.1452/08 series and LAA No.1447/08 and any other material which may be placed on record by the parties. LAA No.1697/08 - 3 - Accordingly, I set aside the judgment and decree under appeal 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. It is needless to mention that my judgment in LAA No.1452/08 series will also be taken into account by the reference court while taking decision. The court below will ensure compliance of the interim order dated 17.9.2008 directing to deposit of 50% of the entire decree debt due as per the impugned decree. Once that amount is deposited, the claimant-respondent should be permitted to withdraw the amount. I feel that at any rate, the appellant will be entitled at least for that amount by way of enhanced compensation. Therefore the release of that amount can be made to the claimant-respondent unconditionally. 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