High Court Kerala High Court

Airport Director vs Koniyakath Aminakutty on 24 November, 2009

Kerala High Court
Airport Director vs Koniyakath Aminakutty on 24 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 819 of 2006()


1. AIRPORT DIRECTOR,
                      ...  Petitioner

                        Vs



1. KONIYAKATH AMINAKUTTY,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :24/11/2009

 O R D E R
    PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
            ------------------------------------------
                     LAA. No. 819 of 2006
           -------------------------------------------
         Dated this the 24th day of November, 2009

                       J U D G M E N T

Pius C. Kuriakose, J.

The requisitioning Authority, the Airport Director,

Calicut Airport is the appellant. The properties in Nediyirippu

Village were acquired for the expansion of the runway of

Calicut Airport pursuant to 4(1) notification published on 15-

1-1993. The L.A. Officer included the property in Tak No.5

and awarded land value at the rate of Rs.6225/- per cent.

The reference court re-fixed the same at R.11,500/- per

cent. We notice the common judgment of this Court in

L.A.A. No. 1020 of 2004 and connected cases. Under that

common judgment we dealt with a large number of cases

included in various Taks acquired for the same purpose.

Following the decision taken in that common judgment we

refix the value of land under acquisition at Rs.10,500/- per

cent. Appeal is allowed to that extent only. But for the total

LAA. No. 819 of 2006

– 2 –

enhanced compensation to which the claimant/respondent

becomes eligible by virtue of this judgment, they will be

entitled for all statutory benefits admissible under Section

23(1A), 23(2) and Section 28 of the L.A. Act. The parties

are directed to suffer their costs in this appeal.

PIUS C.KURIAKOSE, JUDGE

K. SURENDRA MOHAN, JUDGE
ksv/-