IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 LA.App..No. 788 of 2008(B) ---------------------------- LAR.13/2002 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENT ---------------------------------- THE DISTRICT COLLECTOR, MALAPPURAM BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA RESPONDENT(S)/ CLAIMANT& 2ND RESPONDENT : ------------------------------------------------------- 1. ALICE JOHN, CHENNATTU HOUSE, NATTAKAM P.O., KOTTAYAM. 2. ASSISTANT COMMISSIONER SPECIAL CUSTOMS PREVENTIVE UNIT, KOZHIKODE. ADDL.ADVOCATE GENERAL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 788 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th 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, Manjeri in LAR 13/02. An area of 0.0395 hectares of land comprised in R.S.No.75/17-1 was acquired and the Land Acquisition officer has awarded a compensation of Rs.2,25,640/- of which the land value at Rs.1,62,706/-. A reading of the judgment would reveal that the claimants claimed a centage value at Rs.1 lakh per cent against Rs.16,000/- awarded. In page 11 in paragraph 11 of the award the Land Acquisition Court would conclude that on consideration of the entire evidence on record through the testimony of AW1 and the report of the Advocate Commissioner this court finds the claimants in each references are entitled to get enhancement of compensation to the tune of Rs.20,000/- and not Rs.16,000/-. So it appears that the land value was considered by the Land Acquisition Court at L.A.A. 788 OF 2008 -2- Rs.20,000/- per cent. But anyhow it is desirable that this matter is clarified by the Land Acquisition Court which passed the award and therefore I set aside the award and send it back to the Land Acquisition Court for making clear whether the land value per cent is Rs.20,000/- or whether the court intended the land value to be enhanced by Rs.20,000/-. For this the court can hear both the sides and pass appropriate orders. Since the matter is disposed of in the admission stage itself the Land Acquisition Court shall give notice to the claimant and dispose of the matter. Parties are directed to appear before the Land Acquisition Court on 21.1.2010. M.N. KRISHNAN, JUDGE. ul/-