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. 1576 of 2008() -------------------------- LAR.178/2005 of PRL. SUB COURT, THALASSERY .................... APPELLANT: RESPONDENT ------------------------ THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS: CLAIMANTS 1 & 2 & 1ST RESPONDENT: ------------------------------------------------------------ 1. THUNDIKANDY MATHU, MATHOTTATHIL HOUSE, P.O.MOORIYAD. 2. GOVT.OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR. R2 BY GOVERNMENT 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.3655 OF 2008 IN LAA NO.1576 OF 2008 DISMISSED. 17.11.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1576 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th November, 2008 JUDGMENT This is an appeal filed by the requisitioning authority and the appeal pertains to acquisition of land in Kuthuparamba village for the purposes of widening of a road to the appellant's Industrial Growth Centre at Valiyavelicham. The Land Acquisition Officer had granted land value at the rate of Rs.2148/- per cent which was enhanced by the reference court following the judgment in LAR No.245/05 to Rs.10,000/- per cent. I find that before the reference court the claimant-respondent did not adduce any evidence. In this court also though the claimant-respondent had been served with notice, she has not come forward to support the impugned judgment. It is seen on survey of the various judgments passed by the reference court in respect of acquisition in different reaches of the very same road, the learned Subordinate Judge has granted varying values based on the distance between the property under acquisition and the heart land of Kuthuparamba town. In a good number of cases as against the land value of Rs.3899/- per cent awarded by the Land Acquisition Officer, the reference court refixed the land value at Rs.10,000/- per cent. In a few cases as against the same land value awarded by the Land LAA No.1576/08 - 2 - Acquisition Officer, the reference court would refix the land value at the rate of Rs.7000/- per cent. Under my common judgment in LAA No.1452/08 and connected cases dated 31.10.2008 I found that the correct market value which could have been determined by the reference court for the properties involved in those cases on the basis of Ext.B1 in that cases was Rs.9000/-. Following that judgment I disposed of LAA No.1447 of 2008 ( a case in which the reference court became inclined to grant only Rs.7000/- per cent as against the original award of Rs.3899/- per cent) refixing the land value at Rs.6300/- per cent. I feel that the reference court was at any rate not justified in fixing the land value for the properties involved in this case at Rs.10,000/- per cent. I therefore set aside the judgment and decree under appeal and remand the L.A.R. case back to the reference court for taking a fresh decision in the light of my own judgment in LAA No.1452/08 and connected cases, LAA No.1447/08 and any other appellate judgment which may be produced by the appellant before the reference court. That court will permit both sides to adduce further evidence if they choose. Further trial will be completed and revised judgment as directed above will be passed by the reference court at the earliest and at any rate within four months LAA No.1576/08 - 3 - of receiving a copy of this judgment. Refund the full court fee paid on the appeal memo to the counsel for the appellant. The appeal will stand allowed to the above extent. srd PIUS C.KURIAKOSE, JUDGE