IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 LA.App..No. 591 of 2010(C) -------------------------- LAR.164/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S/CLAIMANT): -------------- M.BALACHANDRAN NAIR,T.C.31/1618, VAYYAMOOLA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S)/RESPONDENT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRIVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVALOPMENT SOCIETY, POST BOX NO.5424,VIKAS BHAVAN PO., MUSCOT SQUARE, THIRUVANAHTAPURAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 591 OF 2010 ------------------------ Dated this the 22nd day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. The property was in Pettah village and was acquired for the construction of new international passenger terminal at Chackai, Thiruvananthapuram. The Land Acquisition Officer fixed the land value at Rs.62,929/- per Are. The Reference Court under the impugned judgment has refixed the same at Rs.75,000/- per Are. 2. The learned Government Pleader Smt.T.T.Josephina very fairly bring to our notice the judgment of this court in L.A.A. No.1872/2008. We find that under that judgment, which is in respect of acquisition of identical land for the same purpose, that this court has refixed the land value at Rs.1,19,565/- per Are. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.1,19,565/- per Are. LAA No.591/2010 2 The appeal is allowed. On the refixed compensation the appellant will get statutory benefits. However, while provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order dated 15/6/2010 in C.M.Appln. No.915/2010. The Registry will issue decree copy only after ensuring that the conditions imposed in the above order are complied with and full court fee is remitted by the appellant. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk