IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 LA.App..No.38 of 2007(D) ---------------------------- LAR.125/1998 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT --------------------------------------------- AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR SRI.S.SUJIN RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT IN L.A.R. ------------------------------------------------------------------- 1. THACHANNAN CHATHAN, S/O.KARI, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.38 of 2007 ------------------------------------------------ Dated this the 9th day of June, 2010 JUDGMENT Pius C. Kuriakose, J The defect noted by the Registry is deficiency in the court fee remitted. The learned counsel for the appellant assures us that the entire court fee will be remitted within two weeks. We accept the above submission. It is seen that service of notice is completed on both the respondent. There is no appearance for the first respondent/claimant. 2. This appeal pertains to acquisition of land in Kondotty village for the purpose of extension of Runway of Calicut Airport. The relevant Section 4 L. A. A. No.38 of 2007 -2- (1) notification was published on 21/03/94. The properties were included in Tak No.7 by the Land Acquisition Officer who awarded land value at Rs.5,042/- per cent. The Reference Court under the impugned judgment re-fixed the land value at Rs.12,500/- per cent. Our attention is drawn by the learned counsel for the appellant to the common judgment of this Court in LAA.911/03 and connected cases dated 11/11/09. We find that the above common judgment has attained finality. Under that common judgment the value of identical land has been re-fixed at Rs.8,200/- per cent. According to the learned counsel, the said common judgment has to be followed in this case also. Following that common judgment, we allow the appeal and re-fix the market value of the L. A. A. No.38 of 2007 -3- lands under acquisition at Rs.8,200/- per cent. The appeal will stand allowed as above. The claimant/respondent will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs in the appeal. 3. The decree copy will be issued to the appellant only upon the appellant remitting the entire balance court fee. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-