IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 LA.App..No. 1126 of 2003() -------------------------- LAR.33/1997 of SUB COURT, MANJERI .................... APPELLANT(S): NOT PARTY ----------------------- THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, NATGIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT IN LAR NO.33/97 ------------------------------------------ 1. CHOYANGADAN MOHAMMED S/O. ALAVI, NEDIYIRUPPU. 2. THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER SMT..BINDU FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1126 OF 2003 ------------------------ Dated this the 22nd day of June, 2010 JUDGMENT Pius C.Kuriakose, J. The Airport Director is in appeal and he challenges award of enhanced compensation by the Land Acquisition Court. The property was in Nediyiruppu village and the acquisition was for the extension of the runway of Calicut Airport pursuant to Section 4 (1) notification published on 23/1/1994. The Land Acquisition Officer included the property in Tak No. 7 and awarded value at the rate of Rs.5042/- per cent. The Reference Court under the impugned judgment refixed the value at Rs.9000/- per cent. Our attention is drawn by the learned counsel for the appellant to the judgment of this court in L.A.A. No.L.A.A.No.911/2003 series under which this Court decided large number of appeals pertaining to the same acquisition. 2. We have gone through the judgment. It is not disputed that the said common judgment has attained finality. We are of the view that in view of that judgment this appeal is liable to be allowed to the extent of refixing the market value of land L.A.A. No.1126/2003 2 under acquisition at Rs.8200/- per cent. It is accordingly refixed. The appeal is allowed as above. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk L.A.A. No.1126/2003 3 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1126 OF 2003 ------------------------ JUDGMENT 22/6/2010