IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 LA.App..No. 679 of 2010(D) -------------------------- LAR NO.56/1998 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT: ------------------------------------------ DR. O.P.KUNJALAN KUTTY, S/O.O.P.VEERANKUTTY VAIDYAR, P.O.MELANGADI, KONDOTTI, MALAPPURAM. BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUPPL.2. AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, P.O.CALICUT AIRPORT. R2 BY ADV. SRI. R. SUJIN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. --------------------------- L.A.A.No.679 OF 2010 --------------------------- Dated this the 7th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ Pius C. Kuriakose, J. The claimant is the appellant. His lands in Kondotty Village was acquired by the Government at the instance of the Airport Director for the purpose of extension of the runway of the Calicut Airport. The Land Acquisition Officer included the property in tak 1 and awarded value of Rs.11,880/- per cent. The reference court, under the impugned judgment on evaluating the evidence, refixed the value at Rs.16,500/- per cent. Our attention is drawn by Sri. Philip J.Vettickattu, learned counsel for the appellant, to the common judgment of this Court in L.A.A.No.911/2003. It is seen from that judgment that for identical lands acquired for the same purpose, pursuant to the same notification, this Court refixed the value at Rs.20,250/- per cent. It is not disputed before us by Sri. Sugunapalan, learned senior counsel for the respondents, that the common judgment in L.A.A.No.911/2003 has become final. L.A.A.No.679/2010 2 2. We are, therefore, of the view that the decision taken in that common judgment is to be followed. We follow that decision and allow the appeal to the extent of refix the market value of the land under acquisition at Rs.20,250/- per cent. The appellant will be entitled for statutory benefits also. But, he will not be entitled for interest under Section 28 during the period of 2494 days condoned by our order in C.M.Application No.1049/2010. While drafting the decree, the Registry will have due regard to the conditions imposed by us in that order. The Registry will issue decree copy to the appellant, only, if it is noticed that the appellant has paid the cost as ordered in CM.Application No.1049/2010 and also the full court fee payable on the appeal memorandum. The Land Acquisition Appeal is allowed as above. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ps