Managing Director vs Thekkayil Karayi Balan on 30 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 323 of 2008()


1. MANAGING DIRECTOR,KSIDC REP.BY A.G.M
                      ...  Petitioner

                        Vs



1. THEKKAYIL KARAYI BALAN,
                       ...       Respondent

2. STATE OF KERALA REP.BY THE DISTRICT

                For Petitioner  :SRI.JOBY CYRIAC, SC, KSIDC

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :30/11/2009

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = = =
                   L.A.A. NO. 323 OF 2008
               = = = = = = = = = = = = = = =
        Dated this the 30th day of November, 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 376/05. An area of

0.0090 hectares of land comprised in R.S.No.1/4 of

Cheruvancherry Village had been acquired for the purpose of

widening the Kuthuparamba-Valiyavelicham road. A total

compensation of Rs.8,080/- has been awarded by the Land

Acquisition authority. On reference the Land Acquisition Court

has enhanced the market value at the rate of Rs.10,000/- per

cent for the acquired land. It is seen that similar matters had

been disposed of by the Division Bench of this court from the

same acquisition under the very same notification etc. The

guidelines had been given by the learned Judge in K.S.I.D.C

v. Vayalambron Krishnan 2008 (4) KLT 726. There the

guidelines to be followed in fixing the compensation under

certain situation had been emphasized but unfortunately the

L.A.A. 323 OF 2008
-2-

Land Acquisition Court did not have the opportunity to peruse

the same and therefore the matter requires reconsideration at

the hands of the Land Acquisition Court in the light of the

enunciated principles given in the decision stated above.

Therefore I set aside the award passed by the Land Acquisition

Court, remit the case back to the Land Acquisition Court for

fresh consideration in accordance with the principles laid down

in 2008 (4) KLT 726, after affording equal opportunities to

all concerned to produce documentary as well as oral evidence

in support of their respective contentions. Parties are directed

to appear before the Land Acquisition Court on 7.1.2010.

M.N. KRISHNAN, JUDGE.

ul/-