IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 LA.App..No. 109 of 2009() ------------------------- LAR.146/2005 of PRL. SUB COURT,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR/ GENERAL MANAGER,KSIDC REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS 1 AND R1 --------------------------------- 1. CHAMBALON KRISHNAN, S/O.CHATHU, SARASWATHI NILAYAM,PALATHUMKARA, KUTHUPARAMBA. 2. GOVERNMENT OF KERALA REP.BY THE DISTRICT COLLECTOR, KANNUR. GOVT. PLEADER SMT.LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA. No. 109/09 -1- PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 109 of 2009 ----------------------------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. Advocate Sri.C.P. Peethambaran takes notice on behalf of first respondent. 2. This appeal by the requisition authority KSIDC pertains to award of enhanced land value by the Subordinate Judge's Court, Thalassery. The acquisition was for widening of the road leading to Industrial Growth Centre at Valiyavelicham. Land Acquisition Officer awarded land value at the rate of Rs.2387/- per cent which under the impugned judgment was re-fixed at Rs.10,000/- per cent. We notice the judgment of this Court in KSIDC v. Vayalambram Krishnan, 2008(4) KLT 726 and the judgment of one among us ( Pius C.Kuriakose, J.) in LAA. No. 1619 of 2008. For the various reasons stated in those judgments the impugned judgment in this appeal has to be set aside. LAA. No. 109/09 -2- Accordingly, we set aside the judgment under appeal and remand LAR. No. 146 of 2005 to the Sub Court, Thalassery. The Sub Court, Thalassery is directed to afford an opportunity to adduce whatever further evidence to either parties. That court will pass a revised judgment fixing the correct market value of the property under acquisition on the basis of the entirety of the evidence which comes of record. The Sub Court will not be unduly influenced by any precedents while deciding the market value of the land under acquisition. Any special advantages enjoyed by the acquired property will also be taken note of by the court below. Appeal is allowed by way of remand. Refund full court fee paid on the appeal memorandum to the counsel for the appellant. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-