IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 LA.App..No. 22 of 2011() -------------------------------- LAR.386/2005 of PRINCIPAL SUB COURT,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ------------------------------------------------------ MANAGING DIRECTOR,KSIDC,REP.BY ASST. GENERAL MANAGER,KSIDC,KESTON ROAD,KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R 1 ------------------------------------------------------- 1. PUTHIYAPURAYIL SATHI,CHEVITTUKULAM, P.O.MOORIYAD. 670 643. 2. THE SPECIAL TAHSILDAR,L.A, THALASSERY-679 532. R1 BY SRI.C.P.PEETHAMBARAN R2 BY GOVT. PLEADER SRI.P.K.RAVIKRISHNAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ORDER ON IA. NO. 47/2011 IN LAA. NO.22/2011 DISMISSED 29/03/2011 SD/- HARUN-UL-RASHID, JUDGE TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. ------------------------ L.A.A.No.22 Of 2011 ---------------------- Dated this the 29th day of March, 2011. J U D G M E N T The appeal is directed against the award in L.A.R.No.386/2005 on the file of the Sub Court, Thalassery. The Managing Director, K.S.I.D.C who is the requisitioning authority is the appellant. A small extent of 3.062 cents of land at Kuthuparamba owned by the claimant/respondent No.1 was acquired for the purpose of widening of the road leading to Industrial Growth Centre. The Land Acquisition Officer fixed the land value at Rs.2,148/- per cent. The reference court re-fixed the land value at Rs.11,000/- per cent. Being aggrieved by the same the appellant has preferred this appeal. When the matter was taken up for consideration it is pointed out at the Bar that the connected case, L.A.R.No.364/2005, which was the subject matter in L.A.A.No.138/2009, in which the award passed by the reference court re-fixing the land value was set aside by this Court and the matter was remanded for fresh consideration. L.A.R.No.364/2005 was also a case covered by the same ::2:: L.A.A.No.22 Of 2011 notification for acquisition for the very same purpose. The land value fixed by the Land Acquisition Officer in L.A.R.No.364/2005 was Rs.2,147/-. The said reference case was remanded and directed the reference court to consider the case afresh following the principles of law laid down in the decision reported in K.S.I.D.C v. Vayalambron Krishnan (2008 (4) KLT 726). In the result, this case also requires re-consideration. The judgment and decree passed by the reference court is set aside. The case is remanded for fresh consideration in accordance with law. The appellant is entitled to refund of one half of the court fee. HARUN-UL-RASHID, Judge. bkn/-