IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 LA.App..No. 1528 of 2007() -------------------------- LAR.56/1997 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANTS ----------------------- 1. K.P.KUNHIMUTTY, K.P.HOUSE, MELANGADI, KONDOTTY, MALAPPURAM DISTRICT. 2. FATHIMA, W/O.KUNHIMUTTY, K.P.HOUSE, MELANGADI, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, KARIPOOR P.O., MALAPPURAM DISTRICT. GOVT. PLEADER SMT. T.T.JOSEPHINA FOR R1 SR. ADV. SRI. N.N.SUGUNAPALAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. No. 1528 of 2007 ----------------------------------------------- Dated this the 13th day of January, 2011 J U D G M E N T Pius C.Kuriakose, J. This appeal is preferred by claimants. Their property was included in Tak No. I and acquired pursuant to Section 4(1) notification published on 5-11-1993 for the purpose of expansion of runway of Calicut Airport. The L.A. Officer awarded land value at the rate of Rs.11,880/-. The reference court on evaluating the evidence which came on record re-fixed the land value at Rs.16,500/- per cent. Our attention is drawn by both sides to the common judgment of this court in L.A.A. No. 911/0a3 series. It is seen that in that common judgment the value of properties in Tak No. 1 had been refixed at Rs.26,250/-. But as rightly pointed out by the learned counsel for the requisitioning authority, the property involved in this case large extent exceeding 1 acre. Under the common judgment we have made a cut of 10% in -2- view of the largeness of the extent. This means that the land value of the property under acquisition will have to be refixed at Rs.18,225/- per cent. It is accordingly refixed. The appellants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. As regards interest under Section 28, the period of delay which was condoned by this Court will not carry such interest. The registry while preparing the decree will have due regard to the order dated 9-10-2007 in C.M. Application No. 1718/07etc. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-