IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 LA.App..No. 858 of 2006() ------------------------- LAR.133/1997 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): CLAIMANT & 1SR RESPONDENT IN L.A.R. -------------------------------------------------- 1. UNNIMOTHI HAJI, S/O.MANHAPPULATH MOOSA HAJI, KOOTUKKARA, P.O.KONDOTTY. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. GOVT. PLEADER SMT.LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, LAA NO. 838/06 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. --------------------------------------------------------- LAA. No. 858 of 2006 ------------------------------------------- Dated this the 24th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The requisitioning authority, the Airport Director, Calicut Airport is the appellant. The property under acquisition was in Nediyirippu Village and was acquired pursuant to Section 4(1) notification published on 21-3- 1994 for the purpose of extension of the runway of Calicut Airport. The land acquisition officer included the properties in Tak No. 8 and awarded land value at the rate of Rs.2079/- per cent for a small extent and at the rate of Rs.4755/- per cent for the balance extent. The reference court on the basis of evidence would re-fix the land value at the rate of Rs.12,500/- per cent. We notice our common judgment in LAA. No. 1020 of 2004 and connected cases. Under that judgment we dealt with acquisition of land for the same purpose included in various categories by the L.A. LAA. No. 858/06 - 2 - Officer and refixed the value of land included in Tak No. 8 at Rs.7500/- per cent. Following the decision taken in the common judgment, we allow this appeal and refix the value of land under acquisition at Rs.7500/- per cent. Appeal will stand allowed to that extent. On the total enhanced compensation to which the respondents/claimants are eligible by virtue of this judgment, they will be entitled for all statutory benefits admissible under section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs in this appeal. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-