IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 LA.App..No. 1370 of 2007() -------------------------- LAR.137/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------- C.SREEDHARAN NAIR, TC 36/36-1, GOPIKA, N.H.LANE, PERUMTHANNI, PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): RESPONDENTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. (SPECIAL TAHSILDAR, L.A., THIRUVANANTHAPURAM). 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. ( DELETED AND SUBSTITUTED) (R2 IS DELETED AND SUBSTITUTED ) R2. THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM, IS SUBSTITUTED AS PER ORDER DATED 4/8/2009) ( R2 IS DELETED AND IMPLEADED) THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, TRIVANDRUM, INTERNATINAL AIRPORT, TRIVANDRUM” IS DELETED FROM THE ARRAY OF APRTIES AND IN THEIR PLACE THE FOLLOING RESPONDENT IS IMPLEADED . THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCEITY, REPRESENTED BY ITS MANAGING DIRECTOR, C/O. INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM, VIDE ORDER DATED 26/8/2009 IN I.A. 2911/2009. BY GOVT. PLEADER SRI. BASANT BALAJI ADV. SRI.V.SANTHARAM FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1370 OF 2007 ------------------------ Dated this the 9th day of September, 2009 JUDGMENT Pius C.Kuriakose, J. Having regard to the submissions addressed by the learned counsel for the appellant and those of Sri.Basant Balaji, learned senior Government Pleader and also the view taken by us in our common judgment in L.A.A. Nos.1780/2007 & 79/2008, we are of the view that there is every justification for refixing the value of the properties under acquisition (properties which had been included included in category 8) at Rs.85,000/- per Are. Accordingly, setting aside the judgment and decree under appeal, we refix the value of properties under acquisition at Rs.85,000/- per Are. The appeal will stand allowed to the above extent, but without any order as to costs. It is needless to mention that the appellant/claimant will be entitled for all statutory benefits admissible under Section 23(1A) and 23(2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to L.A.A..No.1370/2007 2 which they become eligible on account of our refixation of land value under this Judgment. However, it is made clear that the enhanced compensation will not carry interest during the period of 310 days covered by the order already passed by this court. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk