IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 LA.App..No. 2370 of 2008() --------------------------------------- LAR.287/2005 of PRL.SUB COURT,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR. ----------------------- GENERAL MANAGER, KSIDC, THIRUVANANTHAPURAM. BY ADVS.MR.D.KRISHNANKUTTY PILLAI MR.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT IN LAR. ----------------------------- 1. MUNDAYATH VASUDEVAN, S/O.KUNHIRAMAN, MEENA SADANAM.PO., MOORIYAD. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. R1 BY ADV. MR.C.P.PEETHAMBARAN R2 BY SR. GOVT. PLEADER MR.BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.5286/2008 IN LAA. NO.2370/2008 DISMISSED 22.10.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N.KRISHNAN, J. ........................................... L.A.A.NO.2370 OF 2008 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Subordinate Judge's Court, Thalassery in LAR.No.287/2005. In /LAR.No.287/2005, an extent 0.0020 hectors of land in RS.No.27/2 (new 27/5) and 0.0035 hectors of land in RS.No.27/2 and 0.0140 hectors in R.S.No.27/2 (new 27/5) had been acquired for widening the road to Industrial Growth Centre, Koothuparamba and compensation has been awarded by the Land Acquisition Officer. The claimants had demanded a compensation of Rs.2,70,300/= with land value of Rs. 30,000/= per cent and improvement value of Rs.26,000/=. The Land Acquisition Court on a consideration of the materials fixed the land value at the rate of Rs.10,000/= per cent and disposed of the matter. 2. The learned counsel for the appellant has submitted before me that similar matters were considered by this Court earlier and those matters have been remanded to the Subordinate Judge's Court for a proper consideration. : 2 : L.A.A.NO.2370 OF 2008 3. I also feel that it requires some consideration for the reason that the Land Acquisition Court had merely based upon some other references fixed the land value at Rs.10,000/=. The minute details are not considered and some of the documents filed by the claimants were also not properly looked into and therefore the matter requires re- consideration at the hands of the court below. 4. Therefore, the award under challenge is set aside and the matter is remitted back to the trial court for a fresh consideration by permitting the parties concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the court below on 1.12.2009. Refund of the full court fee be granted. 50% of the amount ordered under the award be disbursed to the claimants under deposit. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : L.A.A.NO.2370 OF 2008 : 4 : L.A.A.NO.2370 OF 2008