IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 LA.App..No. 974 of 2009 (C) -------------------------------- LAR.166/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- P.VALSALAKUMARI, PULLANVILAKATHU VEEDU, T.C.29/828,PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ( THE SPECIAL TAHSILDAR OFFICE (L.A) MARAKKADA ROAD, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT AUTHORITY OF INDIA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.974 of 2009 ------------------------------------------------ Dated this the 10th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal and she is aggrieved by what is described as the inadequacy of the compensation determined by the Reference Court. The acquisition was for the purpose of Thiruvananthapuram International Airport and the property was in Pettah village. The Land Acquisition Officer included the property in category No.8 and awarded land value at the rate of Rs.62,929/- per Are. The Reference Court under the impugned judgment would re-fix the land value at Rs.75,000/- per Are. 2. We have heard the submissions of L. A. A. No.974 of 2009 -2- Sri.R.Gopakumar Thaliyal, the learned counsel for the appellant and the learned Government Pleader for the State. 3. Having regard to the rival submissions addressed and also the decision we have taken in our common judgment in LAA Nos.1780/07 and 79/08, we are of the view that there is justification for re-fixing the market value of the property under acquisition at Rs.85,000/- per Are. Accordingly, in modification of the award of the Reference Court, we re-fix the value of the property under acquisition at Rs.85,000/- per Are. The appeal will stand allowed to the above extent. 4. It is needless to mention that the appellant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible L. A. A. No.974 of 2009 -3- by virtue of our re-fixation under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-