IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 1242 of 2008() -------------------------- LAR.133/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ---------------------- KOODAKKAL MAVILA RAJAN NAMBIAR, S/O.KRISHNAN NAMBIAR, AGED 57 YEARS, AGRICULTURIST, KRISHNALAYAM, THERUR, P.O.EDAYANNUR, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR, L.A., AIRPORT, KANNUR AT MATTANNUR, P.O.MATTANNUR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 1242 of 2008 ------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Keezhallur Village pursuant to Section 4(1) notification published on 15-5-1998 for the purpose of the Kannur Airport. The land acquisition officer fixed land value at the rate of Rs.682/- per cent. The reference court however, re-fixed the compensation based on value of improvements. But when the total compensation re-fixed by the reference court is converted to land value method, it will be seen that the rate of land value to which the appellant became eligible under the judgment of the reference court is Rs.1500/- per cent. Our attention is drawn by Mr.M.P.Jayanandan, learned counsel for the appellant to the judgment of this Court in LAA. No. 134 of 2010. We notice that, that judgment also deals with acquisition of LAA. 1242/08 - 2 - identical land for the same purpose. Under that judgment value of the land has been re-fixed at Rs.3000/- per cent. It is not disputed that the above judgment has become final. But we are not in a position to award the rate of Rs.3000/- per cent for the property under acquisition since we find that the appellant has limited his claim for enhancement to Rs.2500/- per cent. Under this circumstance, we allow the appeal. We modify the judgment and decree and re-fix the value of land at Rs.2500/- per cent. The appellant is awarded a fixed compensation on that basis. The appellant will be entitled for all statutory benefits also. However, since the land value method is being adopted it is ordered that the amount which was awarded to the appellant by adopting the method of capitalisation of income amounting to Rs.2,09,887/- will be deducted from the total compensation. The parties are directed to suffer their respective costs. While drafting the decree the registry will LAA. 1242/08 - 3 - have due regard to the conditions imposed by this court while condoning the delay. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-