IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 430 of 2004()
1. M.SIVANANDAN, PUTHUKKATTU CHANIYIL,
... Petitioner
Vs
1. SPECIAL TAHSILDAR (LA),
... Respondent
2. MANAGING DIRECTOR,
For Petitioner :SRI.G.D.PANICKER
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :13/12/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.430 of 2004
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Dated 13th December, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and
decree in LAR 86/02 on the file of the Sub Court, Cherthala. The
acquisition is for the purpose of Industrial Growth Centre at
Pallippuram Village, Cherthala Taluk. An extent of 12.55 Ares of
land belonging to the appellant was acquired by fixing the land
value at the rate of Rs.988/- per Are. The reference court
answered the reference holding that the value fixed by the Land
Acquisition Officer is just and fair since the claimant did not have
any other evidence. Learned counsel for the appellant submits
that for the similarly situated adjacent land covered by LAR
54/01, the reference court has granted land value at the rate of
Rs.2,471/- per Are. We are not clear as to whether the properties
are comparable and similarly situated; that is a matter to be
looked into by the reference court. In the interests of justice, we
are of the view that an opportunity should be given to the
appellant to produce the judgment before the reference court.
Accordingly, we set aside the judgment and decree under appeal
LAA NO. 430/04 2
with liberty to the appellant to canvass the land value in the
reference referred to above, in case his property is also similar
and similarly situated. The parties shall appear before the
reference court on 14.1.2008 and thereafter, the reference shall
be answered, within another four months.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs