IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 LA.App..No. 1520 of 2007(D) --------------------------- LAR.111/1998 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT ---------------------- KARALIL ABOOBACKER, S/O BEERANKUTTY, MUKTHIYAR AGENT OF KARALIL MUHAMMED HAJI, NEDIYIRIPPU, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, KARIPOOR P.O., MALAPPURAM DISTRICT. ADV. SRI.N.N.SUGUNAPALAN (SR) FOR R2 SRI.S.SUJIN FOR R2 GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1520 of 2007 ------------------------------------------------ Dated this the 13th day of January, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. The case pertains to acquisition of land for the purpose of expansion of the runway of Calicut Airport. Under the impugned judgment the Reference Curt did not award any enhancement to the appellant. Our attention is drawn by both sides to the common judgment of this Court in LAA.911/03 and connected cases. It is not disputed that the above judgment has attained finality. Going by that judgment, the value of the land under acquisition in this case will have to be re- fixed at Rs.10,500/- per cent. But as rightly pointed out by Smt.Amminikutty, the learned counsel for the Requisitioning Authority, in the present appeal, the appellants have limited L. A. A. No.1520 of 2007 -2- their claim to Rs.8,225/- per cent. Therefore, we are inclined to re-fix the value of the land under acquisition at Rs.8,225/- per cent only. It is accordingly re-fixed. The appeal is allowed as above. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23 (1A) and under Section 28 of the Land Acquisition Act. However, while drafting the decree and calculating the interest under Section 28, Registry will have due regard to the order dated 02/11/09 which is passed in C.M.Application No.1826/07. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1520 of 2007 -3-