IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928 LA.App..No. 1363 of 2005() -------------------------- LAR.235/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT: ----------- STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR, (L.A.) AIRPORT, KANNUR, MATTANNUR. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANT --------------------- JOHN JEENA GONSALVES, D/O.GEORGE D.SOUZA THIRUVANGAD AMSOM, CHALIL DESOM, GEM GARDEN, THALASSERY. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN,JJ. ----------------------------------------- L.A.A.No.1363 of 2005 ----------------------------------------- Dated this the 8th day of March, 2007 JUDGMENT Kurian Joseph,J. This appeal is filed against the judgment and decree in L.A.R.No.235/2000 on the file of the Sub Court, Thalassery. The acquisition is for the purpose of Kannur Air Port. The total extent acquired is 3 acres. The land value has been paid only for 47 cents. The remaining 2 acres 53 cents was compensated by paying Rs.4,13,825/-. The reference court has rightly found that in case the market value is fixed at Rs.1,500/- per cent as has been fixed in the case of neighbouring lands, the value will be less than that amount. Therefore, it was found that the claimant will be entitled to land value for 47 cents at the rate of Rs.1,500/- per cent. Thus after deducting the amount of Rs.22,020/- the claimant was found entitled to Rs.48,480/- and the statutory benefits. The fixation made by the reference court being just, reasonable, proper and in tune with the value for the lands acquired in the neighbourhood, the appeal lacks merit and it is accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg.