IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2143 of 2008()
1. THE GENERAL MANAGER, KSIDC
... Petitioner
Vs
1. MATTANGOTTU KALLIYANI (LATE)
... Respondent
2. MATTANGOTTU NARAYANI D/O. LATE MALLIYANI
3. MATTANGOTTU SARADA, D/O. LATE KALLIYANI
4. GOVT.OF KERALA.REP.BY DISTRICT COLLECTOR
For Petitioner :SRI.D.KRISHNANKUTTY PILLAI
For Respondent :ADDL.ADVOCATE GENERAL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/12/2009
O R D E R
M.N. KRISHNAN, J.
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L.A.A.No.2143 OF 2008
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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.No.344/2005. An extent
of 0.006 hectares of land in R.S.No.10/3 of Koothuparamba
village was acquired for the purpose of widening a road
leading to Industrial Growth Centre. A compensation of
Rs.10,266/= has been awarded. In reference, the land
acquisition court enhanced it to Rs.10,000/= per cent and
awarded accordingly. It is challenging the said decision, the
requisitioning authority has come up in appeal.
2. A perusal of paras-12 and 13 of the award would
convincingly establish that the claimants did not produce any
evidence before the court to show the value of the land and
in para-14 also the court refers to a basic document Ext.B1
whereby the property having an extent of 7 = cents was
sold for Rs.50,000/= and the court comes to the conclusion
that real value is not shown in the document and therefore it
reaches another finding. Similarly it also makes an
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L.A.A.No.2143 OF 2008
observation in some other cases that it had given Rs.10,000/=.
3. I feel this is the most unsatisfactory manner in which
the land acquisition court had fixed the land value. Therefore
the award under challenge is set aside and the matter is
remitted back to the Tribunal for a fresh consideration and
the both parties are directed to produce documentary as well
as oral evidence in support of their respective contentions
and then the mater be disposed of in accordance with law.
The parties are directed to appear before the court below on
11.01.2010. Refund of the full court fee be given to the
counsel for the appellant.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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