IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 LA.App..No. 796 of 2006(D) -------------------------- LAR.15/2000 of SUB COURT, MANJERI .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE MANAGING DIRECTOR, KSIDC, REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS AND IST RESPONDENT ------------------------------------------- 1. ACHUMMA, W/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 2. ABBAS, S/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 3. ABDUL SALAM, S/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 4. ABDUL SAMEED, S/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 5. KADEEJA, D/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 6. NESIYABI, D/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 7. ABOOBACKER, S/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 8. ABDUL JABBAR, S/O.PARACHIKOTTIL AHAMMEDKUTTY HAJI, KIZHUMURY, PANAKKAD, MALAPPURAM. 9. NANATH KURUVAYIL MOHAMMED, NELMURI, MALAPPURAM. 10. THE DISTRICT COLLECTOR, MALAPPURAM. ADV. SRI.BABU S. NAIR FOR R1,2,4,5,6,7,8 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R10 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, ALONG WITH L.A.A. 717/2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.Nos.717 & 796 OF 2006 ------------------------ Dated this the 14thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. The requisitioning authority is in appeal and the acquisition was for the purpose of establishment of Industrial Growth Centre, at Manjeri. Relevant Section 4(1) notification was published on 14/9/1995. The Land Acquisition Officer awarded land value at the rate of Rs.2,738/- per cent. Under the impugned judgment, the same was enhanced to Rs.4,500/- per cent. It is the above enhancement, which is under challenge. 2. We have heard the submissions of Sri.Joby Cyriac, learned standing counsel for the requisitioning authority and Sri.Babu S.Nair, learned counsel for respondents. Our attention was drawn by Sri.Joby Cyriac to the judgment of this court in L.A.A. No.806/2005 and Memorandum of Cross Objection ( C.O. No.109/2005). It is seen from that judgment that, on finding that enhancement in identical cases to Rs.4,500/ per cent is excessive, this court set aside the judgment and decree and remanded the LAR case to the reference court. L.A.A..Nos. 717 & 796/2006 & 2 3. Following the reasons stated by this court in L.A.A. No.806/2005 and C.O. No.109/2005, we set aside the judgment and decree under appeal and remand the LAR Nos.80/99 & 15/2000 to the Sub Court, Manjeri. That court is directed is afford opportunity to all the parties to adduce further evidence if they so choose. The Sub Court will pass revised judgment in the light of the entirety of the evidence which comes on record. That court will also resolve the dispute regarding the actual extent of the land acquired in this case also. Needful pursuant to the above direction shall be done by the learned Sub Judge at the earliest and at any rate within five months of receiving a copy of this judgment. Refund the full court fee paid on the appeal memorandum to the appellant or the counsel for the appellant. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk