IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 LA.App..No. 486 of 2006(B) ------------------------- LAR.32/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S): CLAIMANT ---------------------------------- SABIRA, D/O.IBRAHIM, RESIDING AT BEKALKUNNU, VALIYAVALAPPU, PALLIKKARE VILLAGE, PO PALLIKKARE, HOSDRUG TALUK. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENT(S)/RESPONDENT: ---------------------------------------- 1. THE SPECIAL TAHSILDAR, L.A., RAILWAY, KASARAGOD. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. BY SR. GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 486 OF 2006 = = = = = = = = = = = = = = = Dated this the 17th 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, Hosdrug in LAR 32/03. An area of 0.0127 hectares of land comprised in Pallikkara village was acquired for the purpose of doubling the Railway track from Kannur to Uppala. The Land Acquisition officer fixed the land value at Rs.6,274/-. Dissatisfied with the same the claimant has come up in appeal. 2. I had perused the award meticulously and the claimant has claimed a land value at the rate of Rs.40,000/- and value of the well at Rs.25,000/-. The Land Acquisition Court on a consideration of the materials found that no evidence is forthcoming to substantiate that contention. I find that the Land Acquisition Court did not consider the relevancy of Ext.A2 judgment at all. Whether that property is situated near the property acquired whether they are similar and L.A.A. 486 OF 2006 -2- similarly situated lands etc. had not been considered by the Land Acquisition Court. It is a matter that the court should have taken into consideration. Since the matter is going back I feel an opportunity can be further given to the claimant to establish his contention regarding the land value. So far as the well is concerned there is no materials supplied and I do not want to disturb that finding. In the result the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court for consideration of the materials, especially Ext.A2, and also permit the claimant to adduce evidence in support of her contention and thereafter decide the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 16.12.2009. If the claimant does not appear on that date a notice be given to the counsel who appeared for her in that Court. M.N. KRISHNAN, JUDGE. ul/-