IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 LA.App..No. 607 of 2008(B) -------------------------------- LAR.421/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST RESPONDENT. ----------------------------- STATE OF KERALA (SPECIAL TAHSILDAR, LA, INTERNATIONAL AIR PORT, THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2. ------------------------------------------ 1. CHRIST ROSARIOS, T.C.32/2616, ROSE COTTAGE, CHACKAI, THIRUVANANTHAPURAM. 2. MARY GRACY, T.C.32/2616, ROSE COTTAGE, CHACKAI, THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIR PORT DEVELOPMENT AUTHORITY,THIRUVANANTHAPURAM. ADV. SRI.SUBHASH CYRIAC FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.607 of 2008 ------------------------------------------------ Dated this the 20th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is remaining in the defect list. But having gone through the impugned judgment we are of the view that the enhancement granted in the value of lands under acquisition is quite reasonable and there is no warrant for interference. Enhancement at the rate of 60% over what was granted by the Land Acquisition Officer has been granted towards value of the building. But the court below had the Report of a Commissioner assisted by an engineer to rely on. We notice that the Commissioner's recommendations were not accepted in full. The building had a plinth area of L. A. A. No.607 of 2008 -2- 2000 sq. ft. and even under the judgment of the Reference Court, the total compensation awarded is only Rs.10 lakhs. We do not find any warrant for interference with that part of the judgment. Appeal, accordingly will stand rejected. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-