IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 LA.App..No. 937 of 2009(D) -------------------------- LAR.410/2005 of PRL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR,KSIDC, REP.BY ASSISTANT GENERAL MANAGER,KSIDC, KESTON ROAD,KOWDIAR,THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS AND R1 ------------------------------- 1. P.C.SAFOORA,S/O.ABDUL KHADER, ABILASH PALATHUMKARA,KUTHUPARAMBA. 2. V.BHASKARAN,S/O.RAMOOTTI, JISNA HOUSE,P.O.ERUVATTI. 3. V.N.KUMUDAN,S/O.KRISHNAN, PARAMBATH HOUSE,P.O.POOKODE. 4. PEEDIKAKKANDI BALAKRISHNAN,S/O.ANANDAN, KUNNUMAL HOUSE,P.O.NIRMALAGIRI. 5. KOZHIYATH RAJ VELLAPANDAL,C/O.ALUVA OWEN INDUSTRIES. 6. M.CHANDRAN,S/O.NANU, SAHINA NIVAS,P.O.MOORIYAD. 7. V.P.MUKUNDAN,S/O.V.P.ACHU, VALIYAPARAMBATH,P.O.KUTHUPARAMBA. 8. GOVERNMENT OF KERALA, REP.BY THE DISTRICT COLLECTOR,KANNUR. ADV. SRI.P.U.SHAILAJAN FOR R1 SR. GOVT. PLEADER SMT. LATHA T. THANKAPPAN FOR R8. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2009, ALONG WITH LAA. 996/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ LAA. Nos. 937 & 996 of 2009 ------------------------------------------- Dated this the 8th day of October, 2009 J U D G M E N T Pius C. Kuriakose, J. Both these appeals are directed against the judgment and decree of the Subordinate Judge's Court, Thalassery in LAR. No. 410 of 2005. The case pertains to acquisition of land in Koothuparamba Village for the purpose of widening of the road leading to Industrial Growth Centre at Valiyavelicham. The relevant Section 4(1) notification was published on 30- 1-2001. The L.A. Officer awarded land value at the rate of Rs.9,864/- per cent which was enhanced by the Reference Court to Rs.25,000/- per cent. In the appeal preferred by the requisitioning authority they contend that the enhancement granted is excessive, while in the appeal preferred by the claimant the contention LAA. No. 937 & 996 of 2009 - 2 - is that enhancement granted is quite inadequate. Our attention is drawn to the judgment of this Court in KSIDC v. Vayalambron Krishnan, 2008(4) KLT 726. We are of the view that for the reasons stated in that judgment the impugned judgment is liable to be set aside. We set aside the impugned judgment and decree in LAR. No. 410 of 2005 of Sub Court, Thalassery. That court will afford opportunity to all parties to adduce whatever further evidence they want to and will pass a revised judgment on the basis of the entirety of the evidence which comes on record. The parties will appear before the Sub Court, Thalassery on 30-10-2009. Refund the full court fee remitted on the appeal memorandum to the respective counsel for the appellants. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-