IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 LA.App..No. 308 of 2010() ------------------------- LAR.39/1997 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANTS ----------------------- 1. KOTTA ABDUL RAHIM,S/O.LATE KUNHALAN, NEDIYIRUPPU,KONDOTTY PO,MALAPPURAM. 2. MAIMOONA,D/O.LATE KUNHALAN, NEDIYIRUPPU,KONDOTTY PO,MALAPPURAM. 3. KOTTA SAFIYA,D/O.LATE KUNHALAN, NEDIYIRUPPU KONDOTTY, MALAPPURAM. 4. KODAKKADAN BIYYATHU,D/O.MOIDEEN, KURUPPATH HOUSE,PO KONDOTTY,MALAPPURAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1) THE DISTRICT COLLECTOR, MALAPPURAM. 2) SUPPL.2. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT P.O. CALICUT. R1 BY SR. GOVT. PLEADER SRI.BASANT BALAJI. R2 BY SR. ADV. SRI.N.N.SUGUNAPALAN SMT.T.N.GIRIJA SRI.S.SUJIN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------------------- LAA. No. 308 of 2010 ------------------------------------------- Dated this the 30th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. Their properties in Nediyiruppu Village in Malappuram District were acquired pursuant to section 4(1) notification published on 21-3-1994 for the purpose of expansion of the runway of Karipur Airport. L.A. Officer included the properties in Tak Nos. 7 and 6 and awarded land value at the rate of Rs.5055/- per cent and Rs.5602/- per cent respectively. The reference court accepted the contention of the appellant that since the entire property was lying contiguously both the properties are eligible to be included in Tak No.6 and for properties in Tak No.6 the learned Sub Judge re-fixed the value at Rs.8000/- per cent. In this appeal, the appellant has raised various grounds challenging what is described as the gross inadequacy of the value fixed by the court below. - 2 - 2. We have heard the submissions of Sri.Philip J.Vettickattu, learned counsel for the appellant and Sri.S.Sujin representing the standing counsel for the requisitioning authority. Our attention is drawn by Sri.Philip J.Vettickattu to the judgment of this court in LAA. No. 911 of 2003 and connected matters. A copy of the above judgment is placed before us. It is not disputed that the above judgment has attained finality. It is seen that under that judgment this court re-fixed the value of lands included in Tak No. 6 at Rs.9000/- per cent. We are of the view that the appellants are to be awarded land value at the rate fixed under the above common judgment. 3. Accordingly allowing the appeal and in modification of the judgment and decree under appeal we re-fix the value of the lands under acquisition at Rs.9000/- per cent. The appellants will be entitled for all the statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of - 3 - the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties will suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-