IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 LA.App..No. 35 of 2009() ------------------------ LAR.266/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE GENERAL MANAGER, K.S.I.D.C., KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT: ------------------------------------------- 1. KALLARAKKAL ABDUL MAJEED, KUTTIKKATTIL HOUSE, P.O.MOORIYAD, KANNUR DISTRICT 2. GOVT. OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR R1 R2 BY GOVT.PLEADER BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, ALONG WITH LAA NO.42 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA.NO.75/09 IN LAA 35/09 & ORDER ON IA.NO.91/09 IN LAA 42/09 DISMISSED 23/3/2009 SD/-M.SASIDHARAN NAMBIAR,JUDGE. //True copy// PA to Judge. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ L.A.A.NO.35 OF 2009 & L.A.A.NO.42 OF 2009 ------------------------------------------ Dated 23rd March 2009 JUDGMENT L.A.A.35/2009 is filed by second respondent challenging enhancement of compensation granted in L.A.R.266/2005 by Sub court, Thalassery. L.A.A.42/2009 is filed against the enhancement granted by the same court by the same common award in L.A.R.270/2005. Properties were acquired for the purpose of widening Kuthuparamba-Valiyavelicham road leading to industrial growth center at Valiyavelicham as per Section 4(1) notification dated 30/1/2001. In L.A.R.266/2005, 0.0031 hectares of land in R.S.No.16/4 of Kuthuparamba village was acquired and Rs.3,431/- was fixed as the land value as per award dated 7/5/2004. In L.A.R.270/2005 an extent of 0.0278 hectares of land in R.S.No.16/4 of Kuthuparamba village was acquired and Rs.3,341/- was fixed as land value as per same award. On the petitions filed by first respondent in each of the appeals, reference under Section 18 was LAA 35 & 42 of 2009 2 made to Sub court, Thalassery. These reference cases were tried along with L.A.R.246/05, 260/05, 262/05 and 263/05. Learned Sub Judge as per common award rejected the claim for enhancement raised by the claimant based on Ext.A1 sale deed. But relying on Ext.X1 report submitted by the Commissioner it was found that in several reference cases land value for the properties acquired for widening the road at Muriad, the land value was fixed at Rs.10,000/- per cent and enhanced land value at the same rate. Appeals are filed challenging the enhancement. 2. Learned counsel appearing for appellant and first respondents/claimants were heard. 3. Learned counsel appearing for appellant pointed out that this court in L.A.A.NOs.1452, 1453 and 1455 of 2008 (K.S.I.D.C v.Vayalambrom Krishnan (2008 (4) KLT 726) considered the question of correctness of enhancement of land value of Rs.10,000/- per cent fixed by Sub court, Thalassery for the properties acquired under the same Section 4(1) notification and set aside the enhancement and remanded the cases back to the reference court. Learned counsel submitted that as the enhancement was granted by the Sub court, based on the LAA 35 & 42 of 2009 3 enhancement of land value at the rate of Rs.10,000/- in other cases, which are already set aside by this court and remanded to sub court, Thalassery these appeals also may be remanded to sub court. 4. As this court had set aside the enhancement granted by sub court, Thalssery in respect of properties acquired and that too under the very same section 4(1) notification and remanded the reference cases to sub court and enhancement in these cases is based on the very same reason, appeals are allowed. Judgment in L.A.R.266/2005 and 270/2005 are set aside and remanded to sub court, Thalassery for fresh disposal. Learned Sub Judge to consider the appropriate land value to be fixed, based on the judgment of this court in K.S.I.D.C's case (supra). Parties are also directed to appear before the Sub court, Thalassery on 25/5/2009. They are also permitted to adduce further evidence. M.SASIDHARAN NAMBIAR, JUDGE. uj. LAA 35 & 42 of 2009 4 ORDER ON IA .NO.75/09 IN LAA 35/09 DISMISSED 23/3/2009 SD/-M.SASIDHARAN NAMBIAR,JUDGE. //True copy// PA to Judge.