IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 31ST OCTOBER 2007 / 9TH KARTHIKA 1929 LA.App..No. 795 of 2003() ------------------------- LAR.620/1998 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: ADDL.2ND RESPONDENT ------------------------------ KOCHI INTERNATIONAL AIRPORT SOCIETY, ANGAMALY, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.N.N.SUGUNAPALAN, SC, KIAS LTD. RESPONDENTS: CLAIMANT & RESPONDENTS ----------------------------------- 1. J.JACOB S/O. YOHANNAN, PARAVATHY HOUSE, NODUMBASSERY VILLAGE, THURUTHISSERY KARA. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM GOVERNMENT PLEADER SRI.K.V.MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.795 of 2003 ----------------------------------------- Dated this the 31st day of October, 2007 JUDGMENT Kurian Joseph,J. The appellant is the requisitioning authority and it is aggrieved by the judgment and decree in L.A.R.No.920/1998 on the file of the Sub Court, North Paravur. It is seen that the reference court has fixed the land value granting an enhancement at 96% over and above the value fixed by the Land Acquisition Officer. In L.A.A.No.412/2001 and several connected cases this court held that the enhancement shall be limited to 45% over and above the land value fixed by the Land Acquisition Officer. Accordingly we partly allow the appeal holding that the respondents- claimants shall be entitled to land value only at 45% over and above the land value fixed by the Land Acquisition Officer. They shall also be entitled to all the consequential statutory benefits including interest on solatium. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.795 of 2003 ---------------------------- JUDGMENT 31st October, 2007