IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 LA.App..No. 1343 of 2008() -------------------------- LAR.294/2004 of ADDL.SUB COURT, KOTTAYAM .................... APPELLANT/CLAIMANT. --------------------------------- THOMMAN THOMAS, PAZHEVEETTIL, ATHIRAMPUZHA, KOTTAYAM. BY ADV. MR.MATHEW JOHN MR.AJEESH K.SASI RESPONDENT/ RESPONDENT. ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SR.GOVERNMENT PLEADER MR.BENNY VARGHESE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1343 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th 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, Kottayam in LAR 294/04. An area of 12.73 Ares of land comprised in S.No.59/7-4 of Athirampuzha village was acquired for the purpose of formation of the M.V.I.P. canal. The land acquisition officer granted a consolidated compensation of Rs.2,46,456. Thereafter a reference was made. The claimant relied upon a judgment in L.A.R.366/04 which is marked as Ext.A3. The Land Acquisition Court felt that the said document cannot be relied upon for the purpose that it come under the category No.1 (A) whereas the property in these cases comes under category No.4. Therefore it refused to rely on that judgment. The Court also refused to rely on the document produced by the claimant and ultimately jumps to the conclusion in paragraph 13 that the market value is fixed as Rs.16,089/- per Are. Nobody is able to understand L.A.A. 1343 OF 2008 -2- the basis on which it is done. Therefore the matter requires reinvestigation and reconsideration and for the said purpose both parties can be permitted to produce supplemental documents as well as evidence for the real appreciation of the case. Therefore the award under challenge is set aside and the matter is remitted back to the lower court for fresh consideration with a direction to permit both the parties to adduce evidence in support of their respective contentions and then pass a considered award giving the back grounds under which the land value is fixed. Parties are directed to appear before the Court below on 9.1.2010. Refund of full Court fee to be made to the counsel for the appellant. M.N. KRISHNAN, JUDGE. ul/-