IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 LA.App..No.122 of 2005 (A) -------------------------------- LAR.51/1997 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPELEMENTAL 2ND RESPONDENT: -------------------------------------------------------------- THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPORT RESPONDENT(S): CLAIMANT & 1ST RESPONDENT: ------------------------------------------------------------ 1. KARI UMMACHUTTY, W/O. BEERANKUTTY, NEDIYIRIPPU. 2. THE DISTRICT COLLECTOR, MALAPPURAM. SRI.RAJAN JOSEPH, ADDL.A.G. FOR R2 SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2009, ALONG WITH LAA. NO.100/05 AND CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. Nos.122, 100, 101, 106, 177, 179, 45, 118, 300, 164, 867, 1074, 127, 117, 119, 107, 125 & 121 of 2005 ------------------------------------------------ Dated this the 13th day of July, 2009 JUDGMENT Pius C. Kuriakose, J All these cases pertain to acquisition of land for the expansion of the runway of the Calicut Airport at Karipur. The relevant Section 4(1) notification was published on 15/11/93. The Land Acquisition Officer awarded land value at the rate of Rs.6,916/- and Rs.7,350/- per cent. The Reference Court by the impugned common judgment disposed of as many as 26 cases pertaining to the same acquisition. Under the impugned judgment, the learned Subordinate Judge has re-fixed the value of lands for which the Land L. A. A. Nos.122 of 2005 and con. cases -2- Acquisition Officer awarded values at the rate of Rs.6,960/-, Rs.7,500/-, Rs.8,000/- and Rs.10,000/-. For the lands for which the Land Acquisition Officer awarded value at the rate of Rs.7,350/-, under the impugned judgment the Reference Court has fixed value at different rates ranging between Rs.7,500/- to Rs.10,000/-. 2. We have carefully gone through the impugned common judgment and we have heard the submissions of Sri.N.N.Sugunapalan, learned senior counsel for the appellant/requisitioning authority. We have also heard the submission of Sri.Babu S. Nair who appears for the claimant/respondents in some of these appeals. We have made a re-appraisal of the evidence on the basis of which the learned Subordinate Judge re-fixed the value of the lands L. A. A. Nos.122 of 2005 and con. cases -3- under acquisition. 3. Having considered the rival submissions and having scanned the judgment of the Reference Court in the light of the evidence which was available on record, we are of the view that the market value of the properties under acquisition as re-fixed by the Reference Court under judgments cannot be said to be excessive. In fact, the evidence on record would justify re-fixation of market value at the rates now fixed by the Reference Court under the judgment. Thus, according to us, there is no warrant for interference with the impugned judgments at the instance of the requisitioning authority since according to us, the value presently fixed under the judgments is by no standards more than the correct market value of the property at the relevant time. These appeals will stand L. A. A. Nos.122 of 2005 and con. cases -4- dismissed, however, in the circumstances without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-