IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 LA.App..No.1006 of 2004 (B) ---------------------------------- LAR.6/1998 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPLEMENTAL 2ND RESPONDENT: ------------------------------------------------------------ THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, P.O. CALICUT AIRPORT. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPORT RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT: -------------------------------------------------------------- 1. PULLITHODIKA MAMMED, S/O.BEERAN MOIDEEN, KOOTALUNGAL P.O., MELANGADI. 2. THE DISTRICT COLLECTOR, MALAPPURAM. ADV. SRI.BABU S. NAIR FOR R1 GOVT. PLEADER SMT.SUMANGALA P.N. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009 ALONG WITH L.A.A. NO.1010/04 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. Nos.1006, 1010, 1018, 1000, 1012, 1004, 997, 1016, 1070, 1028, 1015 of 2004, 178, 261 and 256 of 2005 ------------------------------------------------ Dated this the 16th day of July, 2009 JUDGMENT Pius C. Kuriakose, J All these appeals are preferred by the Airport Director, Airport Authority of India, Calicut Airport, the Requisitioning Authority being aggrieved by the enhancement of compensation granted by the Land Acquisition Reference Court. The purpose of the acquisition was extension of runway of Calicut Airport. All the properties were situated in Pallikkal village and the relevant Section 4(1) notification was published on 15/11/93. The Land Acquisition Officer awarded land value at the rate of Rs.6,916/- per cent and L. A. A. Nos.1006/04 & con. cases -2- Rs.7,350/- per cent depending on the category of the land under acquisition. The Land Acquisition Reference Court on the basis of the evidence produced by the respective claimants has re-fixed land value under the impugned judgments at various rates ranging between Rs.9,500/- and Rs.8,000/- per cent. The percentage of enhancement granted under the impugned judgment thus, ranged between 8.84% and 37.36%. 2. Having scanned the impugned judgments passed by the Reference Court in all these cases, we are of the view that the exercise of re-fixing the market value of lands has been done by the learned Subordinate Judge in these cases on the basis of the evidence which was available on record. At any rate, according to us, the enhancement granted under this judgment cannot be said to be excessive and cannot L. A. A. Nos.1006/04 & con. cases -3- be challenged either by the Requisitioning Authority or by the Government. Accordingly, we dismiss these appeals, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-