IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 LA.App..No. 619 of 2009(D) --------------------------------------- LAR.NO. 254/2000 of ADDITIONAL SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT --------------------------------------- PALAYAMKANDY MOIDEENKUTTY, PALAYAMKANDY HOUSE,KEEZHALLUR AMSOM,P.O.EDAYANNUR, THALASSERY TALUK,KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENT ----------------------------------------------- SPECIAL TAHSILDAR,(L.A)AIRPORT, KANNUR,MATTANNUR,KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. --------------------------------------------------- L.A.A.No. 619 of 2009 ---------------------------------- Dated this the 5th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. There is no representation for the appellant. We are taking up the appeal for disposal and it has been noticed that the grounds raised in this appeal are covered in favour of the appellant by other judgments of this Court. The property was situated in Keezhallur Village. The acquisition was for the purpose of Kannur Airport as per Section 4(1) notification published on 15.05.1998. The L.A. Officer awarded a sum of Rs.59,663/- for the entire property by way of compensation at the rate of Rs.468/- per cent of land. The reference court refixed the land value at Rs.1,500/- per cent. In the judgment in L.A.A.No.254/2000, this court refixed the value of identical land at Rs.2500/- per cent. We find that in the present appeal, the claim is limited to refixation at the rate of Rs.2000/- per cent ie, Rs.500/- per cent over what was awarded under the impugned judgment. No reason as to why this appeal should not be L.A.A.No. 619 of 2009 2 allowed. The market value of the land under acquisition is fixed at Rs.2,000/- per cent. The appellant will be entitled for all statutory benefits on the refixed compensation. However, while provision is made for interest under Section 28, the registry will have due regard to the conditions imposed by this court in the order in C.M.A.No.773/2009. The appeal is allowed as above, however, without any order as to costs. PIUS C.KURIAKOSE, JUDGE. P.BHAVADASAN, JUDGE. ln