O P ALIPPU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The claimant is in appeal. His property in Kondotty village was acquired for the extension of runway of Calicut Airport pursuant to Section 4(1) notification published on 15/11/1993. Before the Reference Court, the Appellant/claimant did not adduce any satisfactory evidence. Resultantly the learned Sub Judge would answer the reference confirming the award of the Land Acquisition Officer.

(2.) In this appeal various grounds are raised and the very first argument of Mr. Babu S. Nair, learned Counsel for the Appellant, was that this Court has already refixed the value of identical lands acquired for the same purpose vide judgment in L.A.A. No. 911/2003 and connected cases dated 11/11/2009 and the request was that the appeal may be allowed and the market value be refixed on the basis of the above common judgment.

(3.) Smt. Amminikutty, learned standing counsel appearing on behalf of the requisitioning authority points out that this is a case where the requisitioning authority had no notice regarding the reference case. According to her, even the Appellant had a duty to alert the learned Subordinate Judge of the necessity of issuing notice to the requisitioning authority. The said duty was not discharged by the Appellant. Hence, even if opportunity is being given to the Appellant, then the same shall be on stringent conditions.