IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 LA.App..No. 79 of 2007() ------------------------ LAR.84/1998 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT. ----------------------------------- AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPORT SRI.S.SUJIN RESPONDENT(S): CLAIMANTS. ------------------------- 1. KOTTA MOHAMMED, S/O.VEERANKUTTY HAJI, KOTTA HOUSE, P.O.CHIYARI, KONDOTTY, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. GOVT. PLEADER SMT.LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, ALONG WITH LAA NO. 819 OF 2006 LAA NO. 838 OF 2006 LAA NO. 858 OF 2006 LAA NO. 880 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ LAA. No. 79 of 2007 ------------------------------------------- Dated this the 24th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the requisitioning authority, the Airport Director, Calicut Airport pertains to acquisition of land in Nediyirippu Village for the expansion of the runway of the Airport pursuant to Section 4(1) notification published on 21-3-1994. The Land Acquisition Officer included 10.15 cents of land in Tak No. 6 and awarded land value at the rate of Rs.5602/- per cent. The balance extent of 1.57 cents was included in Tak No.5 and awarded land value at the rate of Rs.6225/- per cent. The reference court under the impugned judgment would adopt a uniform rate of land value for the properties by treating the entire properties as included in Tak No. 5 on the basis of the evidence that came on record. The reference court re-fixed the land value at Rs.11,500/- per cent. We notice the common judgment of LAA. No. 79/2007 - 2 - this court in LAA. No. 1020 of 2004 and connected cases. Under that common judgment we dealt with a number of cases pertaining to the same acquisition involving properties in various categories and re-fixed the land value of properties included in various categories. We approve the action of including the entire property in the same Tak despite challenge raised by the requisitioning authority to the adoption of a uniform rate for the entire land under acquisition by the reference court. We are of the view that the court below was justified in treating the entire property in Tak No. 5. After all, the claimants were enjoying the entire property as one holding and from their point of view the entire property was enjoying all the advantages of the properties included in Tak No.5. At the same time we are of the view that the decision taken by us in LAA. No. 1020 of 2004 has to be followed in this case since we are told that the said decision has not been challenged by anybody. LAA. No. 79/2007 - 3 - Hence allowing the appeal, we refix the value of land under acquisition at Rs.10,500/- per cent. The parties will suffer their respective costs in this appeal. Needless to mention that the respondents will be entitled for all statutory benefits admissible under section 23(1A), 23(2) and section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-