IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 800 of 2007(D) -------------------------- LAR.79/2001 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT: ----------------------- SREELATHAKUMARI, D/O. SHYAMALA, T.C.35/64, KANIYANKARA VEEDU, VAYYAMOOLA, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, (THE SPECIAL TAHSILDAR (LA), INTERNATIONAL AIRPORT THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. * 2. THE MANAGING DIRECTOR, (CORRECTED) INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. (THE ADDRESS OF THE 2ND RESPONDENT IS CORRECTED BY ADDING THE FOLLOWING: “POST BOX NO.5424, VIKAS BHAVAN PO, MUSCAT SQUARE, THIRUVANANTHAPURAM” VIDE ORDER DT 9.12.2009) * ADDL.R3 THE AIRPORT AUTHORITY OF INDIA, INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM (SUO MOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT VIDE ORDER DT 16.7.2009) GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.800 OF 2007 ------------------------ Dated this the 25 th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal filed by the claimant pertains to acquisition of land for the purpose of Trivandrum International Airport. Relevant Section 4 (1) notification was published on 4/2/1999. The Land Acquisition Officer included the properties in category 8 and awarded land value at the rate of Rs.74105/- per Are. The Reference Court, on the basis of the evidence that came on record, refixed the land value at Rs.1,00,000/- per Are. 2. Sri.Thaliyal R.Gopakumar, learned counsel for the appellants, draws our attention to the judgments of this court in L.A.A. No.2308/2008 dated 8/12/2009. The learned counsel submitted that the properties, which were involved in that LAA, were identical to the properties under acquisition in this case and for the properties in that appeal, the land value was refixed by this court at Rs.1,00,000/- per Are. 3. The above submission of the learned counsel is not seriously disputed by the learned Government Pleader. We are, therefore, of the view that the judgment in LAA No.2308/2008 is to be applied in this appeal and enhancement granted accordingly . The result is that, in modification of the judgment and decree of the Reference Court, we refix the value of the land under acquisition at Rs.1,50,000/- per Are. The appeal stands allowed to the above extent. It is made clear that the claimant/appellant will be entitled for all statutory benefits on the total enhanced compensation to which she become eligible by virtue of our refixation done as above. It is also made clear that the statutory interest admissible under Section 28 of the Act (at the rate of 9% during the first year and thereafter at the rate of 15%) will be admissible only from the date of taking over possession and to that extent also the impugned judgment and decree are clarified. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk