IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY. THE 29TH JULY 2010/7TH SRAVANA 1932 LA.App..No. 1827 of 2007() -------------------------- LAR.181/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- JAGATHAMMA, D/O. NARAYANI AMMA, AJITHA MANDIRAM, VAYYAMOOLA, PETTAH, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. ( DELETED AND SUO MOTO SUBSTITUTED BY ANOTHER) ADD.R2. TRIVANDRUM INTERNATIONAL AIPRORT DEVELOPMENT SOCIETY, REPRESENTED BY ITS MANAGING DIRECTOR, C/O. INDUSTRIES DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM, IS SUO MOTO IMPLEADED AS ADDL. R2 AS PER ORDER DATED 26/8/2009 IN L.A.A. ) BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 1827 OF 2007 ------------------------ Dated this the 29th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the claimant and pertains to acquisition of land in Pettah village for the purpose of expansion of Thiruvananthapuaram International Airport. Lands under acquisition were included in category 8. The Reference Court under the impugned judgment refixed the value at Rs. 75000/- per Are. It is brought to our notice by Smt.Hemalatha, learned counsel for the appellant, that by subsequent judgments including the one in L.A.A. No.92/2008, this Court has refixed the value of identical lands at Rs.1 Lakh per Are. 2. The above submission of Smt.Hemaltha is not disputed by the learned senior Government Pleader Smt.Latha T.Thankappan. We, therefore, do not find any reason as to why the appeal should not be allowed and the market value of the land under acquisition be refixed at Rs. 1 Lakh per Are. Accordingly, we allow the appeal and refix the market value of land under acquisition at Rs.1 Lakh per Are. The appeal will stand allowed as above, however, without any order as to costs. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN , JUDGE dpk PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1828 OF 2007 ------------------------ Dated this the 9th day of September, 2009 JUDGMENT Pius C.Kuriakose, J. Following the view we have taken in our common judgment in L.A.A. Nos.1780/2007 & 79/2008, this appeal will stand dismissed, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk Judgment dated 09/09/2009 in L.A.A.1827/2007 is recalled as per order dated 29/07/2010 in R.P. No.225/2010. Sd/- Registrar (Judicial) PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1827 OF 2007 ------------------------ Dated this the 9th day of September, 2009 JUDGMENT Pius C.Kuriakose, J. Following the view we have taken in our common judgment in L.A.A. Nos.1780/2007 & 79/2008, this appeal will stand dismissed, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk