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 7TH APRIL 2010 / 17TH CHAITHRA 1932 LA.App..No. 331 of 2010 ---------------------------- LAR.62/1997 of SUB COURT, MANJERI .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. KUNDUKAVIL ABDUL JALEEL, S/O CHULLIYAN THAYUMA, MELANGADY, KONDOTTY P.O., MALAPPURAM. 2. KUNDUKAVIL ASMA BEEVI, D/O CHULLIYAN THAYUMA, MELANGADY, KONDOTTY P.O., MALAPPURAM. 3. KUNDUKAVIL ABDUL SHUKUR, S/O CHULLIYAN THAYUMA, MELANGADY, KONDOTTY P.O., MALAPPURAM. 4. KUNDUKAVIL AFSATH, D/O KUNDUKAVIL ABDUL SHUKUR, MELANGADY, KONDOTTY P.O., MALAPPURAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S)/RESPONDENTS: ------------------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. LAA.331/10 -2- 2. SUPPL. 2. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT P.O., CALICUT. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN - R1 SRI.N.N.SUGUNAPALAN - R2 SMT.T.N.GIRIJA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.331 of 2010 ------------------------------------------------ Dated this the 7th day of April, 2010 JUDGMENT Pius C. Kuriakose, J When this appeal came up for admission Smt.T.N.Girija, the Standing Counsel for the Requisitioning Authority as well as Smt.Latha T. Thankappan, the learned senior Government Pleader took notice on behalf of the Requisitioning Authority and the Government. Sri.Philip J. Vettickattu, the learned counsel for the appellants drew our attention to the judgment of this Court in L.A.A.911/03 and connected cases and submitted that the issue raised in this appeal is covered by the above judgment. A copy of the L. A. A. No.331 of 2010 -2- above judgment is placed before us. Having gone through the above judgment, we are convinced that the issue raised in this appeal is already covered by the above judgment which has become final. 2. The appeal pertains to acquisition of land in Pallickal village for the purpose of the extension of the Runway of the Calicut Airport. The property was included by the Land Acquisition Officer in Tak No.2 and awarded an amount of Rs.8539/- per cent. The Reference Court under the impugned judgment re-fixed the value at Rs.12,000/- per cent. It is seen that under the common judgment in L.A.A.911/03 series, for identical properties this Court has re-fixed the value at Rs.13750/- per cent. Following the L. A. A. No.331 of 2010 -3- decision taken by this Court in the common judgment, we modify the impugned judgment and re-fix the land value of the property under acquisition at Rs.13750/- per cent. The appeal is allowed to the above extent. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-