IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 LA.App..No. 419 of 2010() ------------------------- LAA.23/1997 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT ---------------------- O.P.NAFEESA, D/O.O.P.BEERANKUTTY VAIDYAR MELANGADI, KONDOTTY. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUPPL.2 AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, P.O.CALICUT AIRPORT. BY G.P. SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 419 OF 2010 ------------------------ Dated this the 20th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.T.N.Girija, learned standing counsel has taken notice on behalf of the requisitioning authority and we have heard the submissions of Sri.Siby Mathew learned counsel for the appellant and those of standing counsel Smt.T.N.Girija as well as the Smt.Latha T.Thankappan, learned senior Government Pleader for the Government. 2. This appeal pertains to acquisition of land in Kondotty village for the purpose of extension of runway of the Calicut Airport. The acquisition was pursuant to Section 4(1) notification published on 21/3/1994. The Land Acquisition Officer awarded land value at the rate of Rs.11,880/- per cent. The Reference Court, on the basis of the evidence that came on record, refixed the same to Rs.16,500/- per cent. 3. Our attention was drawn by the learned counsel for the appellant to the judgment of this court in L.A.A. No.832/2006 series, which is in respect of other cases pertaining to the very same acquisition. It was fairly conceded by the learned standing L.A.A.No.419/2010 2 counsel for the requisitioning authority that the above judgment has become final and that on the terms of the above judgment, the value of lands which were included in tak No.1 have been refixed at Rs.20,250/- per cent. In view of the finality attained by the judgment in L.A.A. No.832/2006 series, we are of the view that the decision taken in that common judgment is to be followed and this appeal is to be allowed accordingly. Accordingly, in modification of the judgment impugned, we refix the value of land under acquisition at Rs.22,250/-. It is needless to mention that the appellant 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 she becomes eligible by virtue of this judgment. The appeal is allowed as above, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk