IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 LA.App..No. 332 of 2008() ------------------------- LAR.242/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT : RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, L.A., AIRPORT, KANNUR AT MATTANNUR. BY SR. GOVERNMENT PLEADER SRI BASANT BALAJI RESPONDENT : CLAIMANT ----------------------- KOMATH RAVEENDRAN, S/O. KORAN, KOTHERI P.O., MATTANNUR. ADV. SRI.M.SASINDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 332 OF 2008 --------------------------------------------- Dated: MAY 28, 2009 JUDGMENT Pius C. Kuriakose, J. We do not find any ground to admit this appeal preferred by the Government against the award of the Land Acquisition Reference Court. The acquisition was for the purpose of Kannur Airport pursuant to notification under sec.4(1) dated 15.5.1998. The land acquisition officer awarded land value at the rate of Rs.682/- per cent. Land value was granted only for 16.301 cents from out of the total extent of 163 cents. For the remaining land, value was determined by adopting the method of capitalisation of income from yielding trees. There were structures also. Under the impugned judgment the reference court has refixed the land value of the properties under acquisition at Rs.1500/- per cent. 2. Our attention is drawn to the judgment of this Court in LAA 1639/2008 which was also a case pertaining to acquisition of land for the same purpose and in the same village. Of course, there is a small gap between the notifications under sec.4(1) in that case and the present case. Under the judgment in LAA L.A.A. 332 OF 2008 2 1639/2008, for properties for which the land acquisition officer has awarded Rs.468.48 per cent, this Court has refixed the land value at Rs.2500/- per cent. Considering the judgment in LAA 1639/2008, we are of the view that the refixation of land value in the present case at Rs.1500/- per cent cannot be said to be excessive. 3. At this juncture Sri K.T. Poulose, learned counsel for the appellant, has made a fervent appeal for a remand of the case to the reference court so that the respondent can rely on the judgment of this Court in LAA 1639/2008. As already noticed by us, the judgment in LAA 1639/2008 has some relevance to the determination of market value in this case. We are therefore inclined to accept the submission of Sri Poulose. Accordingly, we set aside the judgment and decree under appeal and remand the LAR to the Subordinate Judge's Court, Thalassery. That court will afford opportunity to both sides to adduce evidence and will pass orders on the basis of entire evidence. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-