IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 LA.App..No. 198 of 2009(D) -------------------------- LAR.122/2005 of PRL.S.C.,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)/CLAIMANT AND R1: -------------------------------------------- 1. VANNATHAN VEETTIL RAGHAVAN,S/O.POKKAN VANNATHAN VEETTIL HOUSE, KUTHUPRAMBA. 2. GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR R1 GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 198 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR 122/05. An area having an extend of 0.0049 hectares of land comprised in N.S.No.43/5 of Kuthuparamba village was acquired for the widening of the industrial growth Centre, Kuthuparamba. An amount of Rs.13,310/- was awarded by the Land Acquisition officer. On reference the Land Acquisition Court enhanced the value at the rate of Rs.15,000/- per cent and thereby passed an award. It is challenging that decision the present appeal is filed. 2. A perusal of the award would reveal that really there is no sufficient grounds stated in the award for fixing the value at Rs.15,000/- per cent. Only grounds stated is as the acquired land is a garden land very close to a main road which is situated within Kuthuparamba Municipality this Court is of L.A.A. 198 OF 2009 -2- the view that a centage value at the rate of Rs.15,000/- per cent is reasonable. It is true that the land acquisition Court did not accept the document Ext.A1. The land acquisition Court also did not accept the contention of the requisitioning authority. Learned counsel for the respondent has pointed out to me that in similar cases where the land situated about three km. away from the bus stand this Court has fixed the land value at 130%/- more than the value given by the land acquisition officer. Those materials are not before this Court and the nature of the land etc. are also not before the Court to consider whether the same principle can be extended to the present case as well. Therefore the matter requires reconsideration at the hands of the Land Acquisition Court. Therefore the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court with a direction to consider the matter afresh after affording equal opportunities to all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter as expeditiously as possible not L.A.A. 198 OF 2009 -3- later than four months from the date of first appearance of the parties. Parties are directed to appear before the Land Acquisition Court on 15.12.2009. It is made clear that 50% of the amount may be disbursed to the claimant. Refund of full Court fee be given to the appellant. M.N. KRISHNAN, JUDGE. ul/-