IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 LA.App..No. 878 of 2009(D) --------------------------------------- LAR.325/2005 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. MR.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R1 ------------------------------ 1. SRI. KALLAN SURENDRAN, S/O. GOVINDAN, CHEVITTUKULAM VEEDU, P.O. MOORIYAD, KUTHUPARAMBA. 2. THE SPECIAL TAHSILDAR, L.A. THALASSERY. R2 BY GOVERNMENT PLEADERMR.SHYSON P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A NO. 2601/2009 IN LAA. NO.878/2009 DISMISSED 07/12/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 878 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th 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, Thalassery in LAR 325/05. An extent of 0.0024 hectares of land in R.S.10/10 of Kuthuparamba village was acquired and a compensation of Rs.4,837/- was fixed by the Land Acquisition officer. In appeal the learned Land Acquisition Court had fixed the land value at Rs.10,000/- per cent with 30% solatium. It is against that decision the requisitioning authority has come up in appeal. The learned counsel for the appellant had brought to my notice a judgment of the Division Bench in LAA 155/09 preferred against LAR 238/05. It is submitted by the learned counsel that it was also a case where the land value was enhanced from Rs.3,900/- to Rs.10,000/- per cent. Division Bench of this Court basing on the decision in K.S.I.D.C v. Vayalambron Krishnan 2008 (4) KLT 726 thought it fit to remand the case for fresh consideration and therefore remanded the case. Since the L.A.A. 878 OF 2009 -2- acquisition and other subject matter is similar I think it has become necessary to remand this case as well. Therefore the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court for fresh consideration and the parties are directed to appear before the Land Acquisition Court on 11.1.2010. Refund the full court fee paid on the appeal memorandum to the appellant. If the claimant does not appear before the court below on that date let a notice be given to the counsel appearing for him for a proper disposal of the case. M.N. KRISHNAN, JUDGE. ul/-