IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 LA.App..No. 902 of 2006(A) ------------------------------- LAR.131/1997 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT: ----------------------------------------------- AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT PO. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR SRI.S.SUJIN RESPONDENT(S): CLAIMANT & 1ST RESPONDENT IN L.A.R. ------------------------------------------------------------------ 1. THARUPARA ABDURAHIMAN, S/O.MARAKKARUKUTTY MUSALIYAR, NEDIYIRIPPU, KONDOTTY. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR SRI.BABU S. NAIR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.902 of 2006 ------------------------------------------------ Dated this the 16th day of December, 2011 JUDGMENT Pius C. Kuriakose The Requisitioning Authority is the appellant. According to the Requisitioning Authority, the land value re- fixed by the Reference Court under the impugned award is excessive. Reliance was placed on the common judgment of this Court in L.A.A.911/03 series. The learned counsel for the Requisitioning Authority submitted that this property was eligible to be included in Tak No.8. 2. Sri.Babu S. Nair, the learned counsel for the claimant/respondent submits that this property was eligible to be included in Tak No.5 itself. Reliance was placed by Sri.Babu on a statement in para 4 of the appeal memorandum itself. We feel that the question of correct market value to be fixed for the properties under acquisition and the further question as to which category this property L. A. A. No.902 of 2006 -2- is to be included should be re-considered by the Reference Court. Hence, we set aside the judgment and decree under appeal and remand LAR.131/97 to the Subordinate Judge's Court, Manjeri. The learned Sub Judge is directed to rely on the common judgment of this Court in LAA.911/03 series for fixing the market value of the land under acquisition. Before doing that the learned Sub Judge will re-apprise the evidence already on record and further evidence which the parties may adduce and determine the proper category or Tak in which the property should be included. The parties will enter appearance before the Reference Court on 09/01/12. Refund the full court fee to the appellant. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE L. A. A. No.902 of 2006 -3-