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 23RD DECEMBER 2009 / 2ND POUSHA 1931 LA.App..No. 1814 of 2008() -------------------------- LAR.231/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT: ----------------------------------------------- THE SPECIAL TAHSILDAR (LA), AIPORT, KANNUR. BY GOVERNMENT PLEADER SMT. P.N.SUMANGALA RESPONDENT(S): CLAIMANT: --------------------------------------------- PAROL KOYITTI KALLIYANI AMMA, W/O.KUNHIRAMAN, KEEZHALLUR AMSOM, P.O.KARA PERAVOOR. BY ADV. MR.M.SASINDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.4103/2008 IN LAA NO.1814/2008 DISMISSED 23/12/2009 SD/- PIUS C. KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------------------- LAA. No. 1814 of 2008 ------------------------------------------- Dated this the 23rd day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The Government is in appeal. The acquisition was of property in Mattannur Village for the purpose of construction of Kannur Airport, pursuant to section 4(1) notification published on 15-5-1998. The Land Acquisition Officer awarded land value at the rate of Rs.484/- per cent. The reference court relying on the evidence which came on record re-fixed the land value at Rs.3000/- per cent. 2. Service is completed and we have heard the submissions of Smt. P.N. Sumangala, learned Govt. Pleader and those of Sri. M.Sasindran, learned counsel for the claimant respondent. Even though Sri.Sasindran would support the impugned judgment on the basis of the various reasons stated therein, Smt. Sumangala would draw our attention to various judgments of this court relating to LAA. 1814/08 - 2 - acquisition of land in the same village for the same purpose and pursuant to the same notification including the judgment in LAA. No. 1634 of 2008. It is seen from the above judgments that this court has finally re-fixed the land value for properties similar to the property under acquisition at Rs.2,500/- per cent. We are bound to follow those judgments, so that a parity is maintained between the compensation amounts awarded to persons whose similar properties were acquired for the same purpose. Accordingly allowing the appeal we refix the land value at Rs.2500/- per cent. 3. Appeal is allowed to the above extent. It is made clear that on the total enhanced compensation to which the claimant becomes eligible by virtue of the judgment in this appeal, the claimant will be entitled for all statutory benefits under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. In the above circumstances, the parties are directed to LAA. 1814/08 - 3 - suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-