IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 308 of 2010()
1. KOTTA ABDUL RAHIM,S/O.LATE KUNHALAN,
... Petitioner
2. MAIMOONA,D/O.LATE KUNHALAN,
3. KOTTA SAFIYA,D/O.LATE KUNHALAN,
4. KODAKKADAN BIYYATHU,D/O.MOIDEEN,
Vs
1. THE DISTRICT COLLECTOR
... Respondent
For Petitioner :SRI.SIBY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :30/03/2010
O R D E R
PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
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LAA. No. 308 of 2010
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Dated this the 30th day of March, 2010
J U D G M E N T
Pius C. Kuriakose, J.
The claimants are in appeal. Their properties in
Nediyiruppu Village in Malappuram District were acquired
pursuant to section 4(1) notification published on 21-3-1994
for the purpose of expansion of the runway of Karipur
Airport. L.A. Officer included the properties in Tak Nos. 7
and 6 and awarded land value at the rate of Rs.5055/- per
cent and Rs.5602/- per cent respectively. The reference
court accepted the contention of the appellant that since the
entire property was lying contiguously both the properties
are eligible to be included in Tak No.6 and for properties in
Tak No.6 the learned Sub Judge re-fixed the value at
Rs.8000/- per cent. In this appeal, the appellant has raised
various grounds challenging what is described as the gross
inadequacy of the value fixed by the court below.
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2. We have heard the submissions of Sri.Philip
J.Vettickattu, learned counsel for the appellant and
Sri.S.Sujin representing the standing counsel for the
requisitioning authority. Our attention is drawn by Sri.Philip
J.Vettickattu to the judgment of this court in LAA. No. 911 of
2003 and connected matters. A copy of the above judgment
is placed before us. It is not disputed that the above
judgment has attained finality. It is seen that under that
judgment this court re-fixed the value of lands included in
Tak No. 6 at Rs.9000/- per cent. We are of the view that
the appellants are to be awarded land value at the rate fixed
under the above common judgment.
3. Accordingly allowing the appeal and in modification
of the judgment and decree under appeal we re-fix the
value of the lands under acquisition at Rs.9000/- per cent.
The appellants will be entitled for all the statutory benefits
admissible under Section 23(1A), 23(2) and Section 28 of
– 3 –
the Land Acquisition Act on the total enhanced
compensation to which they become eligible by virtue of this
judgment. Parties will suffer their respective costs.
PIUS C.KURIAKOSE, JUDGE
C.K. ABDUL REHIM, JUDGE
ksv/-