IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 LA.App..No. 2143 of 2008() -------------------------- LAR.344/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR: ----------------------------------------------------------------- THE GENERAL MANAGER, KSIDC., THIRUVANANTHAPURAM. BY ADVS. MR.D.KRISHNANKUTTY PILLAI, MR.SHEEJO CHACKO. RESPONDENT(S): CLAIMANT 1 & 2 AND 1ST RESPONDENT IN LAR: --------------------------------------------------------------------------------------------------- 1. MATTANGOTTU KALLIYANI (LATE) REPRESENTED BY LEGAL HEIRS-APPELLANT 2 & 3 CHEVITTUKULAM VEEDU, P.O.MOORIYAD, KANNUR DISTRICT. 2. MATTANGOTTU NARAYANI, D/O. LATE KALLIYANI, MATTANGOTTU HOUSE, P.O. MOORIYAD, KUTHUPARAMBA, KANNUR DISTRICT. 3. MATTANGOTTU SARADA, D/O. LATE KALLIYANI, MATTANGOTTU HOUSE, P.O.MOORIYAD, KUTHUPARAMBA, KANNUR DISTRICT. 4. GOVT.OF KERALA.REP.BY DISTRICT COLLECTOR, KANNUR R2 & R3 BY ADV.MR.C.P.PEETHAMBARAN R4 BY SR. GOVERNMENT PLEADER MR. BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 8/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.4848/2008 IN LAA.NO.2143/2008 DISMISSED 8/12/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... L.A.A.No.2143 OF 2008 ............................................. Dated this the 8th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR.No.344/2005. An extent of 0.006 hectares of land in R.S.No.10/3 of Koothuparamba village was acquired for the purpose of widening a road leading to Industrial Growth Centre. A compensation of Rs.10,266/= has been awarded. In reference, the land acquisition court enhanced it to Rs.10,000/= per cent and awarded accordingly. It is challenging the said decision, the requisitioning authority has come up in appeal. 2. A perusal of paras-12 and 13 of the award would convincingly establish that the claimants did not produce any evidence before the court to show the value of the land and in para-14 also the court refers to a basic document Ext.B1 whereby the property having an extent of 7 ½ cents was sold for Rs.50,000/= and the court comes to the conclusion that real value is not shown in the document and therefore it reaches another finding. Similarly it also makes an : 2 : L.A.A.No.2143 OF 2008 observation in some other cases that it had given Rs.10,000/=. 3. I feel this is the most unsatisfactory manner in which the land acquisition court had fixed the land value. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for a fresh consideration and the both parties are directed to produce documentary as well as oral evidence in support of their respective contentions and then the mater be disposed of in accordance with law. The parties are directed to appear before the court below on 11.01.2010. Refund of the full court fee be given to the counsel for the appellant. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.2143 OF 2008