IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 LA.App..No. 488 of 2010 (B) ------------------------------- LAR.77/1997 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT: ------------------------------ KUMMALI MOIDUTTY HAJI, S/O.MAYIN HAJI, P.O.MELANGADI, KONDOTTY. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUPPL.R2.AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, P.O.CALICUT AIRPORT. ADV. SRI.N.N.SUGUNAPALAN SRI.S.SUJIN SMT.AMMINIKUTTY GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.488 of 2010 ------------------------------------------------ Dated this the 9th day of June, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is the appellant. His property in Kondotty village was acquired for the purpose of extension of the run way of Calicut Airport. This was pursuant to Section 4(1) notification published on 13/04/94. The Land Acquisition Officer included this property in Tak No.2 and awarded to him land value at Rs.8539/- per cent. The Reference Court did not award any enhancement in compensation though evidence had been produced by the appellant. The learned counsel for the appellant draws our attention to L. A. A. No.488 of 2010 -2- the common judgment of this Court in LAA.911/03 pertaining to acquisition of properties for the same purpose. It is seen that under that common judgment this Court has re-fixed the values of lands in various categories. In fact, the value of land in category-2 as in the present case is re- fixed under that judgment at Rs.13750/- per cent subject to a deduction of 7.5% in cases where the extent involved is large. We notice that in this case the extent involved is very large. It is not disputed that the common judgment in LAA.911/03 has become final. Yet we are not inclined to decide the issue finally. We set aside the impugned judgment and decree and remand LAR.77/97 to the Subordinate Judge's Court, Manjeri. That court is directed to take a fresh L. A. A. No.488 of 2010 -3- decision on the basis of evidence already on record and further evidence which may be adduced by the parties and particularly, the common judgment of this Court in LAA.911/03 series. Revised judgment as directed above will be passed by the Learned subordinate Judge within three months of the parties entering appearance before the court below. Parties will enter appearance before the court below on 30th June, 2010. Refund the full court fee remitted on the appeal memo to the learned counsel for the appellant. The Registry will annex a copy of order in C.M. Application No.768/10 dated 31/05/10 to this judgment. Reference Court while passing the revised judgment will have due regard to condition No.4 mentioned in that order. L. A. A. No.488 of 2010 -4- This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-