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 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 LA.App..No. 1219 of 2008 (D) --------------------------------- LAR.162/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN THE LAR ----------------------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & RESPONDENTS NO.2 IN THE LAR -------------------------------------------------------------------------- 1. VISALAKSHI AMMA, SANAKARA VILASATHU VEEDU, CHACKAI, THIRUVANANTHAPURAM. 2. MADHUSOODANAN NAIR, S/O VISALAKSHI AMMA, SANKARA VILASATHU VEEDU, CHACKAI, THIRUVANANTHAPURAM. * 3. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. [DELETED & SUBSTITUTED] ADV. SRI.GOPAKUMAR R.THALIYAL FOR R1 & 2 *[THE THIRD RESPONDENT IS DELETED AND IS SUBSTITUTED BY “THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, C/O THE INDUSTRIES DEPARTMENT, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM” VIDE ORDER DT.27/08/09 IN L.A.A] THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1219 of 2008 ------------------------------------------------ Dated this the 16th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The acquisition was for the purposes of Thiruvananthapuram International Airport. The Land Acquisition Officer included the properties in category-2 and awarded land value at the rate of Rs.98,712/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.2,25,000/- per Are. 2. It is submitted by Smt.Latha T. Thankappan, the learned Senior Government Pleader that this Court considering the acquisition of properties included in category-1, has approved the award of 70% L. A. A. No.1219 of 2008 -2- enhancement for properties in that category. It is submitted that for category-1, the rate approved is Rs.2,25,000/- per Are only. The learned Senior Government Pleader requested that the ratio maintained by the Land Acquisition Officer between the value of category-1 and category-2 will be maintained and a proportionate decrease be made. Enhancement beyond 70% may not be granted, so requested the learned Government Pleader. 3. Sri.Gopakumar R. Thaliyal submitted that the Reference Court in L.A.R.62/06 has enhanced the land value from Rs.78,743/- per Are to Rs.15 lakhs per Are. The Government has not so far preferred any appeal against that award. Therefore, there is no justification at all for interfering with the present enhancement. The learned counsel also referred to judgment of this L. A. A. No.1219 of 2008 -3- Court in L.A.A.1081/08 wherein the property involved was categorised under category-6. For property in category-6, this Court has re-fixed land value at Rs.2,25,000/- per Are. Category-2 is superior to category-6 and therefore, there is every justification for approving the present enhancement. 4. We have anxiously considered the rival submissions. It is true that this Court become inclined to approve the enhancement granted to properties in category-6 in LAA.1081/08. But, the present property is in category-2 and evidently, the properties in category-2 are more comparable to the properties in category-1 than the properties in category-6. May be on the basis of the evidence available in L.A.A. No.1081/08, this Court found that the categorisation of that property in category-6 by the Reference Court L. A. A. No.1219 of 2008 -4- was not proper. We are more inclined to follow the decision taken by us in cases pertaining to category-1. At the same time, we feel that there is justification in this case for granting a slightly higher percentage of increase than what was granted to the properties in category-1. Relying on the judgment of this Court in cases involving properties in category-1, we re-fix the land value of the properties under acquisition at Rs.1,80,000/- per Are in modification of the rates fixed by the Reference Court under the impugned judgment. The appeal will stand allowed to the above extent. Parties are directed to suffer their costs. 5. Smt.Latha T. Thankappan would argue that the Reference Court was not justified in awarding additional amounts under Section 23(1A) even during periods when the land acquisition proceedings were L. A. A. No.1219 of 2008 -5- under stay. Sri.Gopakumar would submit that the claimants/respondents were not parties to the case in which this Court stayed the land acquisition proceedings. We are not inclined to accept the submissions of Smt.Latha T. Thankappan, the learned Senior Government Pleader in the above regard, as there is no specific ground in that respect raised in the memorandum of appeal. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-