IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 LA.App..No. 385 of 2008(A) ----------------------------- LAR.415/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/ RESPONDENT : ------------------------------------- STATE OF KERALA (SPL. TAHSILDAR INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM.) BY GOVERNMENT PLEADER SRI. K. SANIL KUMAR. RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT: ---------------------------------------------------------- 1. K.APPUKUTTAN, S/O.KESAVAN, T C NO.36/39, KARALI, PETTAH, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM , INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 385 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thiruvananthapuram in LAR 415/03. An area of 0.07 Ares of land comprised in R.S.No.527/05 of Pettah village was acquired for the purpose of expansion of International Airport, Thiruvananthapuram. The Land Acquisition officer fixed the land value at Rs.7,655.55 and value of structures at Rs.22,339/-. In a reference the Land Acquisition Court in paragraph 10 of its award fixed the value of structures at Rs.35,000/- and the land value to Rs.2,00,000/- per Are thereby enhanced the land value by Rs.6,344.45 and value of structures by Rs.12,661/-. 2. I had carefully perused the award. I do not find any basis given by the Land Acquisition court for enhancing the value of structures. He criticized the land acquisition officer holding that on what basis he has calculated the value L.A.A. 385 OF 2008 -2- of structures. In the next sentence he jumps to the conclusion that it can be enhanced by Rs.35,000/-. I do not find any materials discussed or supplied to arrive at that decision. 3. Similarly regarding the land value also the claimant makes a claim of Rs.3 lakhs and the land acquisition court makes it at Rs.2,00,000 lakhs without any basis. So these are all materials which requires detailed consideration at the hands of the court below. Therefore the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court for fresh consideration of the land value as well as the value of the structures. Parties are directed to appear before the Land Acquisition Court on 7.1.2010. M.N. KRISHNAN, JUDGE. ul/-