IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 LA.App..No. 278 of 2009(D) -------------------------- LAR.220/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR, LA FOR AIRPORT, MATTANNUR, KANNUR. GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT ----------------------- VANAMBATH CHAKKARA BHARATHAN, AYICHETTY HOUSE, PALLIKUNNU P.O., KANNUR-4, P/A HOLDER A.P.JAYAGOPAN. ADV. SRI.C.P.PEETHAMBARAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 278 OF 2009 ------------------------ Dated this the 19th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. Sri.C.P.Peethambaran takes notice on behalf of the respondent/claimant. We have heard the learned senior Government Pleader Smt.Latha T.Thankappan, Smt.R.Bindu and Sri.Peethambaran. 2. The case pertains to acquisition of land for the establishment of the Kannur Airport at Maattannur. The relevant Section 4(1) notification was published on 15/5/1998. The Land Acquisition Officer awarded land value at the rate of Rs.470/- per cent. The Reference Court under the impugned judgment has refixed the land value at Rs.3,000/- per cent. Our attention is drawn by the learned Government Pleader to the judgment of this court in L.A.A. No.1639/2008. We notice that in that judgment this court has refixed the value of land, for which the Land Acquisition Officer had awarded at the rate of Rs.486/- per cent, to Rs.2,500/- per cent. Under the above circumstances, L.A.A.No. 278/2009 2 we do not find any justification for granting enhancement more than Rs.2,500/- per cent for the property under acquisition. Hence, modifying the impugned judgment and allowing the appeal, we refix the value of land under acquisition at Rs.2,500/- per cent. It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The appeal is allowed to the above extent. The parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk