IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 LA.App..No. 1256 of 2010(D) --------------------------------------- [LAR.NO.123/2005 OF ADDITIONAL SUB COURT, THALASSERY] .................... APPELLANT/IST CLAIMANT: ----------------------------------------- THAYYIL PUTHIYAPURAYIL KARUNAN, S/O.LATE PAITHAL, GOKULAM, P.O.ELAMPARA, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE SPL.OFFICER FOR KANNUR AIRPORT, MATTANNUR, KANNUR. 2. THE PRINCIPAL SECRETARY TO CHIEF MINISTER, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER SRI. R. BINDU. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== L.A.A. NO. 1256 OF 2010 ============================ Dated this the 25th day of November, 2010 JUDGMENT K.M. Joseph, J. Appellant is the claimant in LAR No.123 of 2005 on the file of Additional Sub Judge, Thalassery. 0.2246 and 0.1785 hectares of land in R.S.84 of Keezhallur Village belonging to the appellant was acquired for construction of Kannur Airport at Mattannur. Land Value at which compensation was determined by the Land Acquisition Officer was Rs.682/- per cent. In the reference court below has enhanced it to Rs.2000/- per cent. Feeling aggrieved, appellant is before us. 2. We are disposing this matter at the admission stage itself after hearing the learned counsel for the appellant and learned Government Pleader. The parties are agreed that the decision in this case can be taken on the basis of the decision in L.A.A.Nos.1634 of 2009 and also 6096 of 2009 where for similar land, this court has fixed compensation at Rs.3000/- per cent. We see no reason why appellant should not be given the same Laa 1256/2010 2 benefit. Accordingly, appeal is allowed. If it is found that appellant is entitled to the market value at Rs.3000/- per cent, appellant will be entitled to enhanced compensation on the said basis. Appellant will also be entitled to statutory benefits for the enhanced compensation and proportionate cost. Appellant to pay the balance court fee. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk