IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 LA.App..No. 316 of 2010() ------------------------- LAR.22/1997 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANTS ----------------------- 1. DR.O.P.KUNHALANKUTTY, S/O.O.P.VEERANKUTTY VAIDYAR, MELANGADY, KONDOTTY.P.O, MALAPPURAM. 2. ULLAT AYISA, W/O.O.P.VEERANKUTTY VAIDYAR, MELANGADY, KONDOTTY.P.O, MALAPPURAM.(DIED).A CLAIMANT(THE IST APPELLANT HEREIN) IS THE LEGAL HEIR OF B CLAIMANT. AMENDED AS PER ORDER IN IA.432/10, DATED 8-3-2010. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT.P.O, CALICUT. R1 BY SR. G.P. SRI.BASANT BALAJI R2 BY SR. ADV. SRI.N.N.SUGUNAPALAN SMT.T.N.GIRIJA' S.SAJIV THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 316 of 2010 ------------------------------------------- Dated this the 30th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. As directed by us the standing counsel for the requisitioning authority took notice on behalf of the requisitioning authority. We have heard Sri.Philip J.Vettickattu, learned counsel for the appellant and Sri.S.Sujin representing the standing counsel for the requisitioning authority. 2. This appeal pertains to acquisition of land in Kondotti Village pursuant to section 4(1) notification published on 21- 3-1994 for the purpose of expansion of runway at Karippoor Airport. Property was included in Tak No.1 by the L.A. Officer who awarded value at the rate of Rs.11,880/- per cent. The Reference Court evaluating the evidence which came on record re-fixed the value at Rs.16,500/- per cent. In this appeal the appellant has raised various grounds LAA. 316/10 - 2 - challenging the award of the Reference Court. Sri.Philip J.Vettickattu, counsel for the appellant drew our attention to the common judgment of this court in LAA. No. 911 of 2003 and connected cases. We notice that the above judgment pertains to acquisition of identical properties also. It is not disputed that the above judgment has become final. Under the above judgment, for properties included in Tak No.1 the value has been enhanced from Rs.16,500/- per cent to Rs.20,250/-. We don't find any reason as to why the value re-fixed under the above judgment should not be granted to appellant. Hence in modification of the impugned judgment we re-fix the value of the land under acquisition at Rs.20,250/- per cent. 3. Appeal stands allowed to the above extent. The appellant will be entitled to all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment under Section 23(1A), 23(2) and LAA. 316/10 - 3 - Section 28 of the Land Acquisition Act. The parties will suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-