IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 LA.App..No. 1538 of 2008(D) -------------------------------- LAR.228/2000 of ADDL. SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT: ------------------------------ V.K.KALANTHAN HAJI, S/O.MOIDEEN, KEEZHALLUR AMSOM, EDAYANNUR P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): RESPONDENT: ------------------------------------- SPECIAL TAHSILDAR, LA, FOR AIRPORT, KANNUR, MATTANNUR. SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.1538 of 2008 ------------------------------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the claimants pertains to acquisition of land in Keezhallur village for the purpose of Kannur Airport. The Land Acquisition Officer awarded land value at the rate of ` 468.49/- per cent. The Reference Court under the impugned judgment re-fixed the land value at ` 1,500/- per cent. On the basis of various judgments pertaining to acquisition of identical lands for the same purpose, it is submitted by Sri.Cibi Thomas, learned counsel for the appellant that the value of the appellant's land should be re- fxed at ` 2,500/- per cent. 2. Sri.C.R.Shyamkumar, the learned senior Government Pleader opposes the request. He points out that against the L. A. A. No.1538 of 2008 -2- award originally passed by the Reference Court, the appellant did not prefer any appeal. Only when the state filed an application and got the decree modified did the appellant feel like filing the present appeal. Sri.Shyamkumar also pointed out that against some other cases covered by the impugned common judgment this Court dismissed Government appeals with notice to the claimants therein. Thus the appellant is not entitled for more than what is awarded by the Reference Court. 3. Having considered the rival submissions addressed at the Bar and having gone through the available materials including the judgment of this Court in L.A.A.1634/08, we are of the view that the appellant is justified in seeking enhancement of the land value to ` 2,500/- per cent. Hence, we allow this appeal and re-fix the value of the land under acquisition at ` 2,500/- per cent. The appellant will be L. A. A. No.1538 of 2008 -3- entitled for all statutory benefits also. Parties are however, directed to suffer their respective costs throughout. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE