IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 LA.App..No. 222 of 2005() ------------------------- LAR.23/1999 of SUB COURT, QUILANDY .................... APPELLANT(S): -------------- C.K.NAFEESA, C.K.HOUSE, MADRASSA ROAD, KOYILANDY, KOYILANDY TALUK. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SECRETARY, KOYILANDY MUNICIPALITY, KOYILANDY. BY G.P. SRI. K.J. MOHAMMED ANZAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 3/7/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M. SASIDHARAN NAMBIAR, JJ. ------------------------------------------------- L.A.A.No.222 of 2005 ------------------------------------------------- Dated this the 3rd day of July, 2009 JUDGMENT Sasidharan Nambiar,J. An extent of 0.2550 Hectares in R.S.No.24/3 of Panthalayani Village was acquired for construction of Municipal Bus Stand, Koyilandy, as per Section 4(1) Notification dated 13/10/1997. As per award dated 30/10/1998, a land value of Rs.10,425.39 per cent was awarded. Dissatisfied with the compensation on the request of the claimants reference was made to the court. Appellant who is entitled to 1/10 share was claimant E in LAR No.23/1999. Sub Judge granted enhanced the land value at Rs.45,000/- per cent. It is challenged in the appeal. 2. The very same award was challenged by the State in LAA Nos.1802 of 2002 and 1460 of 2002. The requisitioning authority, Koyilandy Municipality challenged the award in LAA L.A.A.No.222 of 2005 -: 2 :- Nos.1451/2003, 1472/2003, 132/2004, 591/2003 and 947/2004. The other claimants challenged it in LAA Nos.384/2003, 633/2004, 282/2005 and 1285/2005. One of these appeals LAA No.384/2003, the appeal filed by the claimants, LAA No.591/2003 the appeal filed by the requisitioning authority and LAA No.1802/2002 filed by the State are the appeals filed against the same judgment in LAR No.23 of 1999. As per common judgment dated 26/3/2009 in LAA No.1802/2002 and connected cases, the judgment in LAR.No. 23 of 1999 challenged in the appeal is already set aside and remanded to Sub Court, Quilandy. Hence the appeal is allowed. The LAR is remanded to Sub Court for fresh disposal in the light of the judgment in LAA No.1802 of 2002 and connected cases. Refund the full court fee paid on the memorandum of appeal. Sd/- R. BASANT (Judge) Sd/- M. SASIDHARAN NAMBIAR (Judge) Nan/ //true copy// P.S. to Judge