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. 838 of 2006() ------------------------- LAR.40/1997 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT: ----------------------------------- AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT PO. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR SRI.S.SUJIN RESPONDENT(S): CLAIMANT & 1ST RESPONDENT IN L.A.R.: --------------------------------------------------- 1. THARUPARA PATHUMMAKUTTY (DIED), D/O.KUNHIMOL, NEDIYIRUPPU. 2. THARUPARA MOIDEENKUTTY HAJI, AYOOR HOUSE, P.O.CHIRAYIL, CHUNGAM. 3. ABDULLA HAJI, THARUPARA HOUSE, P.O.CHIRAYIL. 4. KUNHIMUHAMMED, AYOOR HOUSE, CHIRAYIL P.O. 5. ABOOBACKER, AYOOR HOUSE, CHIRAYIL P.O. 6. ASSYA, ASSARITHODIKA HOUSE, PERAKAMANNA P.O. 7. SAIDALAVI, AYOOR HOUSE, CHIRAYIL P.O. 8. UMMER, AYOOR HOUSE, CHIRAYIL P.O. 9. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R9, SRI.BABU S. NAIR FOR R2TO 8 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, ALONG WITH LAA. NO. 880/06 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ----------------------------------------------------------- LAA. No. 838 of 2006 ------------------------------------------- Dated this the 24th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal is preferred by the requisitioning authority, the Airport Director, Calicut Airport. The property under acquisition was in Nediyirippu Village and was acquired pursuant to Section 4(1) notification published on 21-3- 1994 for the expansion of the runway of Calicut Airport. The land acquisition officer included the property in Tak No.8 and awarded land value of Rs.4735/- per cent. The reference court re-fixed the land value at Rs.8000/- per cent. We notice the common judgment of this court in LAA. No. 1020 of 2004 and connected cases. Under that common judgment we re-fixed the market value of land included in various Taks acquired for the same purpose. Following the decision taken by us under that common judgment we allow the appeal and refix the value of land under acquisition at - 2 - Rs.7500/- per cent. Appeal stands allowed to the above extent only. It is needless to mention that the claimants/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. The parties are directed to suffer their respective costs in the appeal. PIUS C.KURIAKOSE, JUDGE K. SURENDRA MOHAN, JUDGE ksv/-