IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 529 of 2009(M) -------------------------- LAR.128/2005 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 RESPONDENT(S): CLAIMANT AND R1: --------------------------------------------------------- 1. K.DEVOOTTY,NADUKKANDY HOUSE, P.O.MOORIYAD,VIA.KUTHUPARAMBA. 2. GOVT.OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,KANNUR. R2 BY SR. GOVERNMENT PLEADER MR. BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1617/2009 IN L.A.A.NO.529/2009 DISMISSED 19/11/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 529 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th 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 128/05. An area having an extent of 0.0055 hectares of land comprised in R.S.No.14/4 of Mooriyad desom was acquired for widening the road to Industrial Growth Centre, Valiyavelicham. The land acquisition Officer fixed the compensation at Rs.9,226/- and passed an award. Dissatisfied with the same the matter was referred to the Court and the Land Acquisition Court enhanced the land value at Rs.10,000/- per cent. It is against that decision the present appeal is filed. 2. Large number of cases from the same acquisition have come up for consideration before this Court as well as the Division Bench of this Court and in one of the matters LAR 238/05 against which LAA 155/09 was filed. The Hon'ble L.A.A. 529 OF 2009 -2- judge of this Court held that the Land Acquisition Court is bound to consider the case in the light of the decision reported in K.S.I.D.C v. Vayalambron Krishnan 2008 (4) KLT 726. The Division Bench in the light of the said finding set aside the award and remanded the case to the trial court for fresh consideration. I feel since the principles enunciated therein are absolutely significant and relevant for a proper determination of the compensation in the case before me as well, I set aside the award passed by the Land Acquisition Court and remit the case back to the Land Acquisition Court for fresh consideration in the light of the above said decision and also by permitting the parties concerned to adduce both documentary as well as oral evidence in support of their respective contentions. Since the claimant had not chosen to enter appearance before this Court I direct the appellant herein to take out notice to the claimant or to the counsel appearing for the claim in the trial court before further proceeding with the matter. The appellant is also directed to appear before the Court below on 17.12.2009. L.A.A. 529 OF 2009 -3- There will be a direction to refund the Court fee paid on the appeal memorandum to the appellant and let it be issued to the counsel appearing for the appellant. M.N. KRISHNAN, JUDGE. ul/-