IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 LA.App..No. 566 of 2011() ------------------------- LAR.322/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SANTHA, W/O. LATE BABU, T.C.31/88, DAIVAPURAVILAKOM, KSEB JUNCTION, CHACKAI, PETTA.P.O., THIRUVANANTHAPURAM. 2. SREEKUMAR, S/O.LATE BABU, T.C.31/88, DAIVAPURAVILAKOM, KSEB JUNCTION, CHACKAI, PETTA.P.O., THIRUVANANTHAPURAM. 3. PRASANNA KUMAR, S/O.LATE BABU, T.C.31/88, DAIVAPURAVILAKOM, KSEB JUNCTION, CHACKAI, PETTA.P.O., THIRUVANANTHAPURAM. 4. PRASAD KUMAR, S/O. LATE BABU, T.C.31/88, DAIVAPURAVILAKOM, KSEB JUNCTION, CHACKAI, PETTA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SRI.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A..No. 566 OF 2011 ------------------------ Dated this the 9th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property in Pettah village was acquired pursuant to Section 4(1) notification published on 2/7/2004 for the purpose of development of Thiruvananthapuram International Airport. The Land Acquisition Officer included the property in category 2 and awarded land value at the rate of Rs.97206/- per Are. The Reference Court on the basis of the evidence adduced by the parties would refix the land value at Rs.4,35,500/- per Are. 2. In this appeal various grounds are raised assailing what is described as the gross inadequacy of the compensation redetermined by the Reference Court. We heard Sri.Rajesh P.Nair learned counsel for the appellants and Smt.Rose Michael learned Government Pleader. Mr.Rajesh P.Nair would draw our attention to the judgment of this court in L.A.A. No.717/2009 series and C.O. No.90/2009. He also drew our attention to the L.A.A.No.566/2011 2 judgment of this court L.A.A. No.496/2011 which was argued by himself before this court. A copy of the above judgment was placed before us. On gong through the above judgment, it it seen that for identical property acquired for the same purpose pursuant to the same notification, this court has refixed the land value at Rs.9 Lakhs per Are. 3. Even though Smt.Rose Michael learned Government Pleader submitted that the comparability of the present property with the properties covered by the judgments relied on is to be ascertained, we are of the view that as the land acquisition officer has awarded the same value for the present properties as well as for the properties covered by the judgments, it is necessary that we should follow those two judgments. Following those two judgments, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.9 Lakhs per Are. 4. The appeal is allowed to the above extent. The appellants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the refixed compensation. However while decree is drafted, the section will have due regard to the conditions imposed by this L.A.A.No.566/2011 3 court in its order dated 10/10/2011 in C.M.Appln. No. 1266/2011. The Section will issue decree copy to the appellants only after ensuring that the full court fee of Rs.54,605/- is paid and that the conditions imposed by this court in the order in C.M.Appln. 1266/2011 are obeyed. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk