IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No. 2331 of 2008 -------------------------- LAR.74/1997 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL. 2ND RESPONDENT ----------------------------------- THE DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR SRI.S.SUJIN RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT: ------------------------------------------------------- 1. PUNNATHADAN BEERAN (DIED) S/O IBRAHIM KOTTALUNGAL, P.O. MELANGADI, KONDOTTY. 2. PUNNAKADAN SAFIA, W/O KAPPEKKADAN VEERAN, KALLANKUNNU, P.O., KALIKAVU. 3. THE DISTRICT COLLECTOR, MALAPPURAM. SR. GOVT.PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.2331 of 2008 ------------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Even though Smt.Vanaja Madhavan representing Senior Counsel Sri.N.N.Sugunapalan addressed us very strenuously, we are not inclined to interfere with the impugned judgment. The case pertains to acquisition of land for the purpose of the Calicut Airport. The Land Acquisition Officer awarded land value at the rate of Rs.11880/- per cent. Under the impugned judgment the Reference Court re-fixed the same at Rs.16500/- per cent, thus granting the enhancement of 38% over the value awarded by the Land Acquisition Officer. L. A. A. No.2331 of 2008 -2- 2. Having gone through the impugned judgment, we are of the view that the finding of the learned Subordinate Judge regarding the correct market value of the property at the relevant time is a reasonable finding founded on evidence available on record. The appeal accordingly will stand dismissed. 3. However, considering the request for time in the matter of deposit of the decree debt even as we dismissed the appeal, we direct the execution court not to issue any coercive orders against the appellant or against the Government for a period of three months from today. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-