IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 LA.App..No. 1495 of 2008() -------------------------- LAR.18/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT ----------------------------------------- 1. T.RAGINI, KIZHAKKU PUTHEN VEEDU, KAVARADI ROAD, PETTAH, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. ADV. SRI.GOPAKUMAR R.THALIYAL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.1495 of 2008 -------------------------------------------------- Dated this the 6th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The Government is the appellant. The property was in Pettah village. The acquisition was pursuant to Section 4(1) notification published on 4.2.1999 for the purpose of International Airport, Thiruvananthapuram. The Land Acquisition Officer awarded land value at the rate of Rs.91,867/- per Are. The reference court under the impugned judgment refixed the land value at the rate of Rs.2,00,000/- per Are. 2. Our attention was drawn by Mr.C.R.Shyam Kumar, the learned Government Pleader through the judgment of this Court in L.A.A. No.357/2008 and he submitted that under that judgment the value of identical land was reduced by this Court at Rs.1,80,000/- per Are. According to Mr.C.R.Shyam Kumar there is considerable probative force for the judgment in L.A.A. No.357/2008 and it was relying on the reference Court judgment pertaining to that judgment the enhancement was granted to the respondents herein. L.A.A No.1495 of 2008 2 3. Sri.Thaliyil Gopakumar, the learned counsel for the respondent however did not agree. He submitted that for the identical property for which the same value has been awarded by the Land Acquisition Officer, this Court has by judgment in L.A.A No.630/2011 awarded the land value at the rate of Rs.2,25,000/- per Are. We accept the submission of Mr.Gopakumar and dismiss this L.A.A sustaining the award of the reference court. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab