IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 LA.App..No. 2328 of 2008() -------------------------- LAR.435/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), INTERNATIONAL AIRPORT, THIRUVANANTHAPURA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI ADDL.ADVOCATE GENERAL RESPONDENT(S): --------------- 1. V.C. CHANDRA MOHAN, S/O. LEKSHMANAN, TC 27/684 VASANTHAGIRI, PATTOOR, THIRUVANATHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURM. ADV. SRI.R.S.KALKURA FOR R1 SRI.M.S.KALESH FOR R1 SRI.HARISH GOPINATH FOR R1 SRI.V.VINAY MENON FOR R1 SRI.M.AJAY (IRUMPANAM) FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 2328 of 2008 B ``````````````````````````````````````````````````````` Dated this the 18th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the government pertains to acquisition of land in Pettah village for the purpose of expansion of International Air Port, Thiruvananthapuram. Relevant Section 4(1) notification was published on 04-02-1999. The Land Acquisition Officer awarded land value at the rate of Rs.87,495/- per Are. The reference court relying on Ext.A1 re-fixed the land value at Rs.2,00,000/- per Are. 2. Our attention is drawn by Sri.Basant Balaji, learned senior Government Pleader, to our own judgment in a number of cases relating to acquisition for the same purpose. The learned Government Pleader submitted that the maximum enhancement, which has been approved by this Court in similar cases, is 90% over what was awarded by the Land Acquisition Officer. The learned Government Pleader requested that the enhancement may be below 90% of what was granted by the Land Acquisition LAA.2328/08 : 2 : Officer. Learned counsel for the respondent, however, would support the impugned judgment. He would argue that the property under acquisition has special advantages which justify special treatment. 3. Having considered the rival submissions, we are of the view that the evidence on record will not justify award of more than Rs,1,70,000/- per Are for the property under acquisition. We are of the view that the rate fixed by the learned Sub Judge is slightly excessive. Accordingly, interfering with the impugned judgment, we re-fix the land value at Rs.1,70,000/- petitioner Are. The appeal is allowed to the above extent. It is clarified that the claimant will be entitled for all statutory benefits on the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment. Parties are directed to suffer their costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks