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 16TH FEBRUARY 2009 / 27TH MAGHA 1930 LA.App..No. 579 of 2008(D) -------------------------- LAR.58/2000 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. VARIATH, S/O.CHACKO, KURUPPAM VEEDU, NAYATHODE, ANGAMALY VILLAGE, ALUVA TALUK. 2. KOCHI INTERNATIONAL AIRPORT SOCIETY REP. BY THE MANAGING DIRECTOR. ADV. SRI.N.N.SUGUNAPALAN (SR) FOR R2 SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LT FOR R2 SMT.ROSE MICHAEL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.579 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. It is fairly conceded on behalf of the learned standing counsel for the requisitioning authority-Cochin International Airport that against the award of the reference court granting enhancement at the rates granted under the impugned judgment, there were appeals and in L.A.A.No.556/06 this court passed an order remanding the reference cases back to the reference court giving opportunity to both sides to adduce fresh evidence. She submitted that pursuant to the order of remand, the reference court refixed the land value at 65% above the land value which had been awarded by the land acquisition officer. 2. Sri.Rose Michael, learned counsel for the claimant/ respondent also submitted that pursuant to the order of remand in L.A.A.No.556/06 and connected cases, the reference court refixed the land value at 65% above what had been awarded originally by the land acquisition officer. LAA.No.579/08 2 3. We find that under the impugned judgment, the enhancement is by more than 65% above the land value of Rs. 4500/- per Are awarded by the land acquisition officer. Accordingly, in view of the revised judgment passed by the reference court in identical matters which we are informed has attained finality, we set aside the impugned judgment and refix the land value at Rs. 7,425/- per Are. The claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1)(A) and Section 28 A of the Land Acquisition Act on the enhanced compensation to which they are entitled under the compensation refixed as above. The appeal will stand allowed to the above extent. But in the circumstances, the parties are directed to suffer their respective costs. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.579/08 2