IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 LA.App..No. 370 of 2011() ------------------------------ LAR.261/2008 of II ADDL.SUB COURT,TRIVANDRUM ................... APPELLANT(S): RESPONDENT IN 1 IN LAR: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT. T.T.JOSEPHINA RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR. -------------------------------------------------------------------------- 1. SHAJI JACOB, T.C.31/1567, CHAKKAI, PETTAH, THIRUVANANTHAPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER GRACY JACOB, RESIDING AT HEERA PARK 9B-2 M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. P.V.EAPEN, S/O.P.J.VARGHESE, MANGALLOOR VEEDU, VENNIKULAM, KALLUPARA VILLAGE, THIRUVALLA TALUK. 3. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2011, ALONG WITH L.A.A. NO.547/2010 OPC.NO.2407/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.Nos.547 of 2010 and 370 of 2011 ------------------------------- Dated this the 5th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. These appeals which are preferred by the Government pertains to enhancement of compensation to the claimants/ respondents in respect of their properties in Pettah Village acquired pursuant to Section 4(1) notification published on 10.8.2004. The acquisition was for the purpose of Thiruvananthapuram International Airport. In the case corresponding to L.A.A.No.547 of 2010 the Land Acquisition Officer awarded land value at Rs.1,09,357/- per are. In the case corresponding to L.A.A.No.370 of 2011 the Land Acquisition Officer awarded land value at Rs.1,62,686/- per are. The reference court under the impugned judgment would enhanced the land value uniformily to Rs.15 lakhs per are. 2 L.A.A.Nos.547 of 2010 and 370 of 2011 Having considered the submissions addressed at the Bar by the learned Government Pleaders Sri.V.T.K.Mohanan and Smt.T.T.Josephina, and Sri.G.S.Raghunath, learned counsel appearing for the claimants/respondents and taking into account the judgments of this Court in earlier cases pertaining to acquisition of similar lands for the same purpose pursuant to the same notification, including the common judgment in L.A.A.Nos.566 of 2010, 688 of 2010, 394 of 2010 and 1145 of 2010, we are of the view that impugned judgments warrant interference. Relying on those judgments, we allow both the appeals and refix the market value of the land involved in L.A.A.No.547 of 2010 at Rs.9 lakhs per are. For the same reason we allow L.A.A.No.370 of 2011 and refix the market value of land involved in that case at Rs.13,39,000/- per are. The claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed 3 L.A.A.Nos.547 of 2010 and 370 of 2011 compensation. The parties are directed to suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/