IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 1540 of 2005(D) --------------------------- LAR.149/1998 of PRINCIPAL SUB COURT, N. PARAVUR .................... APPELLANT: 1ST RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR RESPONDENTS: CLAIMANTS & 2ND RESPONDENT ---------------------- 1. ANNAMMA, W/O.KUNJUVARKEY, THANDEKKADAN, AKAPARAMBU, NEDUMBASSERY VILLAGE. 2. THE KOCHI INTERNATIONAL AIRPORT SOCIETY, NEDUMBASSERY, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LT FOR R2 SRI.VINOD RAVINDRANATH FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1540 OF 2005 ---------------------------------------------------------------- Dated this the 19th day of August, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed by the State against the fixation of land value by the reference court, Principal Sub Court, North Paravur, in L.A.R. No.149 of 1998. 2. An extent of 14.60 Ares of land was acquired for the construction of International Airport at Nedumbassery. The Land Acquisition Officer fixed land value at Rs.1,700/-per Are. On reference,the court below granted 45% enhancement and on remand, the reference court granted 96% enhancement placing reliance of Exts.A1 and A2. But, it has to be seen that the acquired property in this case is double crop wet land as already found by this Court in the judgment in L.A.A. No.204 of 2002. That apart, the reliance placed on Ext.A2 judgment granting 96% enhancement also cannot be sustained. That was a singular instance of enhancement at the rate of 96% sustained by this Court in view of the factual position that the extent involved was very small. It cannot be in dispute that in all other cases, the enhancement L.A.A.NO.1540/2005 2 sustained is 45%. Therefore, we set aside the judgment and decree in L.A.R. No.149 of 1998 and hold that the first respondent/claimant shall be entitled to only 45% enhancement over and above the value fixed by the Land Acquisition Officer at Rs.1,700/- per Are. The claimant shall also be entitled to all the statutory benefits. The appeal is allowed as above. I.A. No.4186 of 2005 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1540/2005 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1540/2005 JUDGMENT 19th August, 2008