IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 141 of 2009()
1. MANAGING DIRECTOR, KSIDC REP.BY
... Petitioner
Vs
1. K.JAMEELA, GREEN VIEW, P.O.MOORIYAD, VIA
... Respondent
2. GOVERNMENT OF KERALA REP. BY THE
For Petitioner :SRI.JOBY CYRIAC, SC, KSIDC
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/12/2009
O R D E R
M.N.KRISHNAN, J
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L.A.A No.141 of 2009
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Dated this the 23rd day of December, 2009.
O R D E R
This is an appeal preferred against the award of the Land
Acquisition Court, Thalassery in L.A.R.No.125 of 2005. An extent of
0.0012 hectors of land in R.S.No.71of Kuthuparamba Village was
acquired for widening the road to Industrial Growth Centre,
Kuthuparamba. The Land Acquisition Officer awarded a sum of
Rs.7,391/-. The Land Acquisition Court on reference enhanced the
land value to Rs.10,000/- per cent. It is against that decision, the
K.S.I.D.C had come up in appeal.
2. A large number of cases from the same acquisition have
come up for consideration before this Court as well as the Division
Bench of this Court. In one such matter, L.A.R.No.238 of 2005, an
appeal was preferred as L.A.A.No.155 of 2009, the Hon’ble Judge of
this Court held that the Land Acquisition Court is bound to consider
the case in the light of the decision reported in K.S.I.D.C V.
Vayalambron Krishnan (2008(4) KLT 726). The award was set aside
and the matter was remitted back to the Land Acquisition Court. In
L.A.A No.141 of 2009 2
the light of the said decision, the principles enumerated therein are
to be considered while deciding the land acquisition reference.
Therefore it has become necessary to set aside the award passed in
this case and remand the case back to the Land Acquisition Court
for consideration of the same in the light of the decision in K.S.I.D.C
V. Vayalambron Krishnan (2008(4) KLT 726). All concerned may be
permitted to produce documentary as well as the oral evidence in
support of their respective contentions and the matter to be
disposed of in accordance with law. The parties are directed to
appear before the lower court on 21.1.2010. There will be a
direction to refund the court fee paid on the memorandum of appeal
to the appellant.
Sd/-
M.N.KRISHNAN
JUDGE
//True Copy//
PA to Judge
ab
L.A.A No.141 of 2009 3