IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 331 of 2010()
1. KUNDUKAVIL ABDUL JALEEL
... Petitioner
Vs
1. THE DIST.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 :07/04/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. No.331 of 2010
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Dated this the 7th day of April, 2010
JUDGMENT
Pius C. Kuriakose, J
When this appeal came up for admission
Smt.T.N.Girija, the Standing Counsel for the
Requisitioning Authority as well as Smt.Latha T.
Thankappan, the learned senior Government
Pleader took notice on behalf of the Requisitioning
Authority and the Government. Sri.Philip J.
Vettickattu, the learned counsel for the appellants
drew our attention to the judgment of this Court
in L.A.A.911/03 and connected cases and
submitted that the issue raised in this appeal is
covered by the above judgment. A copy of the
L. A. A. No.331 of 2010 -2-
above judgment is placed before us. Having gone
through the above judgment, we are convinced
that the issue raised in this appeal is already
covered by the above judgment which has become
final.
2. The appeal pertains to acquisition of land
in Pallickal village for the purpose of the extension
of the Runway of the Calicut Airport. The property
was included by the Land Acquisition Officer in
Tak No.2 and awarded an amount of Rs.8539/-
per cent. The Reference Court under the
impugned judgment re-fixed the value at
Rs.12,000/- per cent. It is seen that under the
common judgment in L.A.A.911/03 series, for
identical properties this Court has re-fixed the
value at Rs.13750/- per cent. Following the
L. A. A. No.331 of 2010 -3-
decision taken by this Court in the common
judgment, we modify the impugned judgment and
re-fix the land value of the property under
acquisition at Rs.13750/- per cent. The appeal is
allowed to the above extent. The appellants will
be entitled for all statutory benefits admissible
under Sections 23(2), 23(1A) and under Section
28 of the Land Acquisition Act on the total
enhanced compensation to which they become
eligible by virtue of this judgment. Parties are
directed to suffer their respective costs.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-