IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 LA.App..No. 305 of 2009() ------------------------- LAR.177/2005 of PRL.SUB COURT,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C., KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADVS.MR.D.KRISHNANKUTTY PILLAI MR.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ---------------------------- 1. VADAVATHI SURENDRAN, MATHOTTATHIL HOUSE, P.O.MOORIYAD. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. R2 BY GOVT. PLEADER MR.BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.920/2009 IN LAA. NO.305/2009 DISMISSED 12/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... L.A.A.No.305 OF 2009 ............................................. Dated this the 12th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Land Acquisition Court, Thalassery in LAR.No.177/2005. An area having an extent of 0.0070 hectares of land comprised in R.S.No.39/1 of Kuthuparamba village was acquired and the land acquisition officer fixed a compensation of Rs.6,623/=. On reference, the land acquisition court had enhanced the land value to Rs.10,000/= per cent and it is against that decision, the requisitioning authority has come up in appeal. 2. A perusal of the award would reveal that fixation of the land value is only on the basis of conjectures and surmises. Two documents namely the judgments in LAR.Nos.343/2005 and 377/2005 were relied on by the claimant wherein the land value was fixed at Rs.20,000/=. The learned Subordinate Judge did not find in favour of the claimant on the ground that there is nothing to show that those lands and the present land acquired are similar and similarly situated. The court only held that considering the : 2 : L.A.A.No.305 OF 2009 facts and circumstances, the land value is fixed at Rs.10,000/=. In similar land acquisition matters, a learned Judge of this court in the decision reported in K.S.I.D.C v. Vayalambron Krishnan (2008 (4) KLT 726) had given the guidelines to be followed in fixing the land value and let it be the basis on which the land value is fixed. Therefore the award under challenge is set aside and the matter is remitted back to the land acquisition court with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the land acquisition court on 19.02.2010. Let the full court fee paid on the Memorandum of Appeal be refunded to the appellant. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.305 OF 2009