IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 201 of 2008() ------------------------- LAR.178/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT: ----------------------- SREEKANTAN NAIR, S/O.CHELLAPPAN PILLAI, T.C.54/1061, SREESAILAM, MELEKATTU EDAGRAMAM, KARAMANA (P.O), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. * 2. THE MANAGING DIRECTOR, (CORRECTED) INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. (THE ADDRESS OF THE 2ND RESPONDENT IS CORRECTED BY ADDING THE FOLLOWING: “POST BOX NO.5424, VIKAS BHAVAN PO, MUSCAT SQUARE, THIRUVANANTHAPURAM” VIDE ORDER DT 9.12.2009) SR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, ALONG WITH LAA.NOS.797/2007 AND 308/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos.308, 797/2007 & 201 OF 2008 ------------------------ Dated this the 25 th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. All these appeals are filed by the claimants and they pertain to acquisition for the purpose of Trivandrum International Airport. Relevant Section 4 (1) notification was published on 4/2/1999. The Land Acquisition Officer included the properties in category 8 and awarded land value at the rate of Rs.62,929/- per Are. The Reference Court, on the basis of the evidence that came on record, refixed the land value at Rs.75,000/- per Are. But, in LAR No.201/2008 by a different judgment, land value was refixed at Rs.90,000/- per Are. 2. Sri.Thaliyal R.Gopakumar, learned counsel for the appellants, draws our attention to the judgments of this court in L.A.A. Nos. 651/2009 and 757/2009. The learned counsel submitted that the properties, which were involved in those LAA.Nos.201/2008 & others 2 LAAs, were identical to the properties under acquisition in these cases and for the properties in those appeals, the land value was refixed by this court at Rs.1,00,000/- per Are. 3. The above submission of the learned counsel is not seriously disputed by the learned Government Pleader. We are, Therefore, of the view that the judgment in LAA Nos.651/2009 and 757/2009 are to be applied in these appeals and enhancement granted accordingly . The result is that, in modification of the judgment and decree of the Reference Court, we refix the value of the land under acquisition at Rs.1,00,000/- per Are. The appeals stand allowed to the above extent. But it is made clear that the claimants/appellants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of our refixation done as above. It is also made clear that the statutory interest admissible under Section 28 of the Act (at the rate of 9% during the first year and thereafter at the rate of 15%) will be admissible only from the date of taking over possession and to that extent also the impugned judgment and LAA.Nos.201/2008 & others 3 decree are clarified. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk