IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 LA.App..No. 273 of 2009() ---------------------------------- LAR.435/2001 of SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANTS :- ----------------------------------------- 1. N.P.ASMA, W/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA. 2. NELLIYATTU PUTHIYAPURAYIL SHEMENA, D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA 3. NELLIYATTU PUTHIYAPURAYIL SHAHILA D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA 4. NELLIYATTU PUTHIYAPURAYIL RUFAIDA D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/RESPONDENT :- --------------------------------------------- SPECIAL TAHSILDAR (LA) FOR AIRPORT KANNUR AT MATTANNUR. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- L.A.A. No.273 of 2009 ------------------------------ Dated this the 3rd day of January 2011 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. The property under acquisition was in Keezhallur amsom and the purpose of acquisition was the construction of Kannur Air Port Project. The Land Acquisition Officer awarded land value at the rate of Rs.682/- per cent. The Reference Court on evaluating the evidence which consisted of oral evidence of AW1 and based on the documentary evidence Ext.B1 would refix the land value at the rate of Rs.1,500/- per cent for a total extent of 1 acre and 94 cents. In this appeal the claim is that the land value be refixed at the rate of Rs.2,500/- per cent. 2. We have heard the learned counsel for the appellant and Smt.Latha T. Thankappan, the Senior Government Pleader for the Government. Smt.Latha would fairly bring to our notice the judgments in L.A.A.Nos.1634/2008 and 1696/2008 to which L.A.A. No.273 of 2009 -: 2 :- one among us [PCK(J)] was a party. It is seen in the judgments that, for identical lands this Court refixed the land value at the rate of Rs.3,000/- per cent. Even though there is justification to grant value of land under acquisition at Rs.3,000/- per cent, as the claim is limited to Rs.2,500/- per cent, the appeal will stand allowed to the extent of refixing land value at Rs.2,500/- per cent. It is accordingly refixed. The appeal is allowed to the above extent. Parties are directed to suffer their respective costs. It is needless to mention that the appellants will be eligible for all statutory benefits admissible to them under Sections 23(2), 23(IA) and Section 28 of the L.A.Act also on the enhanced compensation. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, J UDGE. Jvt