High Court Kerala High Court

Kochi International Airport … vs Devassy on 22 October, 2007

Kerala High Court
Kochi International Airport … vs Devassy on 22 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 718 of 2003(D)


1. KOCHI INTERNATIONAL AIRPORT SOCIETY,
                      ...  Petitioner

                        Vs



1. DEVASSY S/O. CHAKKAPPAN, PADAYATH HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.N.N.SUGUNAPALAN, SC, KIAS LTD.

                For Respondent  :SRI.A.X.VARGHESE

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :22/10/2007

 O R D E R
                KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
       ----------------------------------------------------------------------------------
        L.A.A. 718, 817, 864, 901, 925, 1264, 1391 & 1415 of 2003

                 4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,

                        234, 644, 648, 694 & 846 of 2004

                                     732 of 2005
       ----------------------------------------------------------------------------------
                              Dated: October 22, 2007

                                       JUDGMENT

Kurian Joseph, J.

These are appeals filed by the requisitioning authority as well as the

State aggrieved by the fixation of land value in respect of the property

acquired for the Cochin International Airport. The Reference Court has

granted land value by granting 65% enhancement to the land value

already fixed by the Land Acquisition Officer. According to the appellants

and the second respondent, the enhancement is not reasonable; whereas

the claimants contend that the enhancement is not sufficient. It is brought

to our notice that in several cases this court has remitted the matter for

fresh consideration by the Reference Court. It is seen from the judgment

of the Reference Court that there is no proper discussion with regard to the

evidence already available on record. The appellants as well as the

respondents pray for an opportunity to adduce evidence before the

Reference Court. We find that LAA No.1532/2005 has already been

disposed of remanding the reference. It is submitted that several similar

cases also have been remanded. In view of the submission as above and

taking note of the fact that connected cases have already been remitted to

L.A.A.Nos.718, 817, 864, 901, 925, 1264,1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,
234, 644, 648, 694 & 846 of 2004
732 of 2005
Page numbers

the Reference Court, we set aside the judgment and decree in all these

cases and remit the matters to the Sub Court, North Paravur. The parties

are at liberty to adduce fresh evidence. The parties will appear before the

Reference Court on 3.12.2007.

In view of the order passed in these Land Acquisition Appeals, the

relief sought for in the stay petitions need not be considered by this court.

Accordingly, the stay petitions in the appeals are dismissed.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE.

mt/-

L.A.A.Nos.718, 817, 864, 901, 925, 1264,1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,
234, 644, 648, 694 & 846 of 2004
732 of 2005
Page numbers

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

———————————————-

L.A.A.Nos.718, 817, 864, 901,
925, 1264, 1391 & 1415 of 2003

4, 12, 15, 24, 34, 37, 79, 108,
120, 147, 223, 234, 644, 648, 694
& 846 of 2004

732 of 2005

JUDGMENT

———————————————-

22.10.2007