IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 10 of 2006() ------------------------ LAR.22/2004 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: ----------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. RESPONDENTS: ------------- 1. SMT.SUBHADRA, D/O.SARADAMMA, MANKAYIL, CHERANELOOR. 2. SMT.RADHA, D/O.SARADAMMA, DO. DO. 3. SMT.ARUNA, SARADAMMA, DO. DO. 4. SMT.PADMINI, SARADAMMA, DO. DO. 5. SRI.BALAKRISHNA PANICKER (DIED), S/O.SARADAMMA, DO. DO. 6. SRI.DAMODARAN, S/O.SARADAMMA, DO. DO. 7. SRI. ASOK KUMAR, S/O.SARADAMMA, DO. DO. 8. SRI.KRISHNA KUMAR, S/O.SARADAMMA, DO. DO. 9. SRI.RAJENDRA KUMAR, S/O.SARADAMMA, DO. DO. 10. SRI.GOPAKUMAR, S/O.SARADAMMA, DO. DO. 11. PRABHA BALAKRISHNAN, W/O.LATE BALAKRISHNA PANICKER, SREE BHAG HOUSE (PRANAVANJALI), CHITTOOR, CHERANALOOR. 12. RADHIKA, D/O.LATE BALAKRISHNA PANICKER, SREE BHAG HOUSE (PRANAVANJALI), CHITTOOR, CHERANALOOR. 13. THE KOCHI INTERNATIONAL AIRPORT SOCIETY, NEDUMBASSERY, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R13 SMT.T.N.GIRIJA, SC, FOR R13 SRI.T.B.THANKAPPAN FOR R1 TO 12 SRI.T.T.HARIKUMAR FOR R1 TO 12 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008, ALONG WITH LAA NO. 861 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. Nos.10 & 861 of 2006 ---------------------------------------------- Dated 19th August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.12/06 in LAA 10/2006 : Delay condoned. The appeals are filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. The acquisition is for the purpose of Kochi International Airport. Section 4(1) notification was issued on 8.6.1998. The reference court placed reliance on the award passed in LAR 64/2003, where the land value has become final, and reduced 25% from the said land value on the ground that the acquired properties are lying behind the property covered by the said reference. According to the learned Government Pleader as well as the learned Standing Counsel appearing for the Kochi International Airport, the Land Acquisition Officer fixed the land value at Rs.14,900/- per Are. In LAR 64/2003, the enhancement given by the court is only 40%. That is a property having road access. If that be so, only a reasonable enhancement, below 40% LAA Nos.10 & 861/06 2 can be given to a property that is lying behind the property covered by LAR 64/2003. On the other hand, learned counsel appearing for the claimants submits that the land value (Rs.34,300/- per Are) fixed in LAR 64/2003 having become final, the reduction of 25% is just and reasonable on the ground that the acquired property lies behind the said property. 2. We find that the extent of property covered by LAR 64/2003 is only 4.45 Ares whereas the extent involved in LAR 40/02(LAA 861/06) is 14.57 Ares and LAR 22/04 (LAA 10/06) is 16.28 Ares. Both properties are lying contiguously. We also find that a tip of the property covered by LAR 40/02 is very near to the road. Having given anxious consideration to the rival contentions, the group sketch, the size of the property and having perused the records, we find that for the disadvantage of having no access to the property, and taking note of the fact that even according to the Land Acquisition Officer, the properties covered by LAR 22/04 and 40/02 are similarly situated, and having fixed the same land value, the reduction of one third from the value fixed in LAR 64/03 would be just, fair and proper fixation that comes to Rs.22,868/- per Are. Accordingly, these LAA Nos.10 & 861/06 3 appeals are partly allowed. The land value is fixed at Rs.22,868/- per Are. The claimants will be entitled to all the statutory benefits, including interest on solatium to the extent eligible. I.A.No.21/06 in LAA 10/06 & I.A.No.4762/06 in LAA 861/06 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.10 & 861 of 2006 ---------------------------------------------- J U D G M E N T Dated 19th August, 2008.