IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 LA.App..No. 2415 of 2008() -------------------------------- LAR.6/2002 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT ------------------------------- KUNNATHODI KINATTINGAL MUHAMMED BASHEER, S/O.KUNHALANKUTTY, KOLATHUR, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS -------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE ASSISTANT COMMISSIONER, SPECIAL CUSTOMS PREVENTIVE UNIT, KOZHIKODE. R1 BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADV.SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.2415 of 2008 ---------------------------------------------------- Dated this the 31st day of May, 2011 Judgment Pius C.Kuriakose, J. The claimant is in appeal. His property in Pallikkal Village was acquired pursuant to Section 4(1) notification published on 10.2.1999 for the purpose of construction of residential quarters for Calicut Air Customs. The Land Acquisition Officer awarded land value at the rate of Rs.16,669/- per cent. Before the reference court, the claimant relies mainly on Exts.A1 and A2. Exts.A1 and A2 were discarded by the reference court which in our view also correct. What ultimately the learned Subordinate Judge did was by relying on document Nos.1371/96, 1461/96, 1544/96 and 1649/96 of the S.R.O.Kondotty reflecting a land value of Rs.20,000/- per cent and to refix the land value at Rs.20,000/- per cent. In this appeal the claimant has raised various grounds assailing what he describes as the gross inadequacy in the compensation redetermined. It is urged that the court below should have relied on Exts.A1 and A2 or at least LAA 2415/08 2 Ext.A1 and refix the land value accordingly. Even though learned counsel for the appellant addressed strenuous arguments on the various grounds raised, the learned counsel would lastly submit that, at any rate, the court below was not justified in awarding only the value reflected in document Nos.1371/96, 1461/96, 1544/96 and 1649/96 of the S.R.O.Kondotty. According to the learned counsel, these documents reflected a land value of Rs.20,000/- as on the date of that document which, at any rate, prior to 6.6.1996. Learned counsel not justified in making additions for passage of time for about two and half years. Even though the learned Senior Government Pleader resisted the submissions of the learned counsel for the appellant, we find force in his submission that if document Nos.1371/96, 1461/96, 1544/96 and 1649/96 of the S.R.O.Kondotty were to be relied on, the court below ought to have add amounts for passage of time. It is not disputed that the properties under acquisition were situated very close to the Calicut Airport. We are of the view that addition at the rate of 10% per year will be justified. Making additions in that way, we refix the land value at Rs.25,350/- per cent. The appellant will be entitled for all statutory benefits LAA 2415/08 3 admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. However, while calculating interest under Section 28, the Registry will have due regard to the conditions imposed by this court in the orders condoning the delay. The appeal is allowed as above, however, without any order as to costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 2415/08 4 LAA 2415/08 5