IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 LA.App..No. 2146 of 2008() ------------------------------------- LAR.277/2005 of PRL.SUB COURT, THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR ------------------------- THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADVS. MR.D.KRISHNANKUTTY PILLAI MR.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT IN LAR --------------------------- 1. MUNDAYATH MADHAVI, ALAYILLAKANDI PARAMBATH HOUSE, AMBILAD, KANNUR DISTRICT. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. R1 BY ADV.MR.C.P.PEETHAMBARAN R2 BY GOVERNMENT PLEADERMR.SHYSON P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.4858/2008 IN LAA. NO.2146/2008 DISMISSED 08.12.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 2146 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of December, 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 277/05. An area of 0.0060 hectares of land comprised in R.S.No.27/2 was acquired for widening the road to the Industrial Growth Centre, Kuthuparamab and the Land Acquisition officer fixed the compensation at Rs.5,895/-. On reference the Land Acquisition Court enhanced the land value at Rs.10,000/- per cent. The land acquisition reference was tried along with LAR Nos.281, 283, 287, 289 and 295/05. It considered the appeal preferred against LAR 287/05 as LAA 2370/05. By my judgment dated 22.10.09 I had set aside the award and remitted the case back to the trial court for fresh consideration by permitting the parties to adduce evidence. Since the lands are similar and similarly situated and the basis on which the compensation awarded is the same it has to be stated the L.A.A. 2146 OF 2008 -2- present appeal also requires interference. Therefore I set aside the award under challenge and remit the case back to the trial court for fresh consideration by permitting the parties to adduce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 11.1.2010. Refund of full Court fee granted. 50% of the amount ordered under the award be disbursed to the claimant. The LAA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-