IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 188 of 2010 ---------------------------- LAR.180/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- SEETHAMMA, D/O.NARAYANI, T.C.31/1627, VAYALNIKATHIYA PUTHEN VEEDU, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, (THE SPECIAL TAHSILDAR (L.A.), INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, POST BOX NO.5424, VIKAS BHAVAN (PO), MUSCOT SQUARE, THIRUVANANTHAPURAM. SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.188 of 2010 ------------------------------------------------ Dated this the 26th day of March, 2010 JUDGMENT Pius C. Kuriakose, J When this Land Acquisition Appeal came up for admission, Senior Government Pleader, Sri.Basant Balaji took notice on behalf of the respondent and we have heard the submissions of Mr.Thaliyal Gopakumar, the learned counsel for the appellant and those of Sri.Basant Balaji, the learned senior Government Pleader. Our attention is drawn by the learned counsel for the appellant to our own judgment in L.A.A.800/07, a copy of which is placed before us. On going thorough the judgment, we find that the said judgment pertains L. A. A. No.188 of 2010 -2- to acquisition of identical property for the same purpose pursuant to the very same notification. We notice that under that judgment, value of the land has been re-fixed from Rs.74,105/- per Are to Rs.1,50,000/- per Are. We also notice that the Reference Court in that case had re-fixed the value at Rs.1 lakh per Are as was done in the present case. It is not disputed that the judgment in L.A.A.800/07 has attained finality. Under these circumstances, following the decision taken by us in L.A.A.800/07, we allow this appeal. The judgment and decree of the court below is modified and the land value is re-fixed at Rs.1,50,000/- per Are. The appeal is allowed as above. 2. It is needless to mention that the L. A. A. No.188 of 2010 -3- appellant will be entitled for all statutory benefits admissible under sections 23(2), 23(1A) and under section 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-