IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1051 of 2003()
1. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY
... Petitioner
Vs
1. SHRI. KOTTA MOOSA, S/O. VEERANKUTTY HAJI
... Respondent
2. THE DISTRICT COLLECTOR,
For Petitioner :SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/01/2009
O R D E R
M.N. KRISHNAN, J
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L.A.A.No. 1051 OF 2003
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Dated this the 14th day of January, 2009
JUDGMENT
This is an appeal preferred against the award of the Land
Acquisition Court, Manjeri in L.A.R. 77/98. The Land Acquisition
Court has awarded a compensation and it is against that decision
the appeal is preferred by the Airport Director.
2. There were matters pending before the Division Bench of
this court against the very same common award and L.A.A. 1052/03
was one filed against L.A.R. 66/98 of the Sub Court, Manjeri. The
Division Bench held that the Requisition Authority was not made a
party. Therefore the Division Bench set aside the judgment and
decree in the case and remitted the matter with a direction to
implead the Requisitioning Authority as an additional respondent
and answer the reference. In this case also the present appellant is
not a party before the Land Acquisition Court. Therefore as ordered
by the Division Bench, the judgment and decree under challenge
are set aside and the matter is remitted back to the Land
Acquisition Court with a direction to implead the Requisitioning
Authority as an additional respondent and for answering the
L.A.A. 1051/03
-2-
reference as expeditiously as possible. Parties are directed to
appear before the lower court on 25.2.2009.
The appellant is entitled to refund of full court fee and
therefore it shall be refunded to it.
M.N. KRISHNAN,JUDGE
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