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 15TH FEBRUARY 2010 / 26TH MAGHA 1931 LA.App..No. 889 of 2009(B) ------------------------------ LAR.160/2001 of ADDL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANT: ----------------------------- KALLUMADATHIL VELLUVA KARATHYAYANI AMMA, W/O. RAJAN NAMBIAR, THERUR DESOM, NAVANEETHAM, KEEZHALLUR AMSOM. BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/RESPONDENT: ----------------------------------- THE SPECIAL TAHSILDAR, LA AIRPORT, MATTANNUR , KANNUR. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.889 of 2009 ------------------------------------------------ Dated this the 15th day of February, 2010 JUDGMENT Pius C. Kuriakose, J As directed by us, Smt.Latha T. Thankappan, the learned senior Government Pleader has taken notice and we have heard the submissions of Sri.Cibi Thomas, the learned counsel for the appellant and those of the Senior Government Pleader. This is an appeal by the claimant and pertains to acquisition of land in Keezhallur village for the purposes of construction of Kannur Air Port pursuant to section 4(1) notification published on 15/05/98. The Land Acquisition Officer fixed the rate of Rs.682/- per cent as land value. However, L. A. A. No.889 of 2009 -2- in this case the compensation was fixed adopting the method of capitalisation of income from the fruit bearing trees. The Reference Court, however, on the basis of the evidence adopted the land value method and re-fixed the compensation by fixing the land value at Rs.1500/- per cent. In the present appeal, the appellant is claiming enhancement in land value by another Rs.1,000/- per cent. We notice the judgment of this Court in L.A.A.1634/08 which was in respect of acquisition of land in the same village for the same purpose pursuant to the very same notification. We find that under that judgment we have re-fixed the land value at Rs.3,000/- per cent. It is stated by the learned Government Pleader that the judgment in L.A.A.1634/08 has L. A. A. No.889 of 2009 -3- attained finality. Under the above circumstances, we have no diffidence at all in allowing the appeal in full. Accordingly, allowing the appeal, we re-fix the value of the land under acquisition at Rs.2,500/- per cent. This means that the appellant will be entitled for enhancement at Rs.1,000/- per cent over and above what is awarded by the Reference Court. The appeal will stand allowed, but in the circumstances, without any order as to costs. It is made clear that the appellant will be entitled for all statutory benefits admissible under sections 23 (2), 23(1A) and under section 28 of the Land Acquisition Act. However, while drafting the decree, the Registry will have due regard to the order dt.05/08/09 passed by this Court in L. A. A. No.889 of 2009 -4- C.M.Application No.1164/09. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-