STATE OF KERALA (THE SPECIAL TAHSILDAR), LA INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM Vs. S. BEENA, D/O. SANTHAMMA

JUDGEMENT

(1.) These Land Acquisition appeals are arising from Reference Cases for which land had been acquired for the development of Thiruvananthapuram International Airport. Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'LA Act') was published on 10/08/2004. The land involved in the acquisition were situated at Pettah Village. The Land Acquisition Officer (for short 'LAO') categorized the land into five different categories. Category No.1 included lands having road frontage and the lands which had lost road frontage being partly acquired during the 1st phase of acquisition. Lands lying behind category No.1 which have no direct access to the road except through pathway has been categorised as Category No.2. Category No.3 includes lands lying on either side of the bye-road and the lands lying on the western banks of Parvathi Puthanar. Lands lying behind category No.3 which are dry, come under Category No.4 and wet lands partly converted into dry lands are categorized as category No.5. These cases relate to land coming under category Nos.1 to 4 alone. In respect of category No.1, the LAO fixed the land value at Rs. 1,62,686/- per Are, Category No.2 at Rs. 1,09,357/- per Are, Category No.3 at Rs. 1,21,507/- per Are and Category No.4 at Rs. 97,206/- per Are.

(2.) In respect of these cases, the Reference Court refixed the land value at different rates which are shown as under: <FRM>JUDGEMENT_279_LAWS(KER)10_2017_1.html</FRM>

(3.) The appeals filed before this Court was originally disposed of refixing the land value at different rates depending on the judgment in earlier Land Acquisition Appeals. In L.A.A.No.566 of 2010 and L.A.A.No.1145 of 2010 and Cross Objection No.110/2010, the land value was refixed as per judgment dated 03/02/2011 based on judgment in L.A.A.No.673/2010 at Rs. 10 lakhs per Are. In LAA.No.31/2010, by judgment dated 04/02/2011 and relying upon the judgment in L.A.A.No. 1145/2010 and connected cases, land value was refixed at Rs. 13,30,743/- per Are. Similarly, by common judgment dated 07/06/2011 the land value had been refixed in L.A.A. Nos.224/2009, 717/2009, 1008/2009, 310/2010, 904/2010, 484/2010 and 257/2009 at Rs. 9 lakhs per Are based on the judgment in L.A.A. Nos.1145/2010 and connected cases. In L.A.A. Nos.690/2010 and 732/2010, the land value was refixed at Rs. 9,50,000/- per Are. In L.A.A.No. 184/2009, by judgment dated 09/06/2011, this Court relied upon the judgment in L.A.A.Nos. 717/2009 and 1008/09, refixed the market value of land at Rs. 9 lakhs per Are. In L.A.A.No.1119/2009, by judgment dated 10/02/2012, this Court, relying upon the judgment in L.A.A.No.717/2009 and connected cases, refixed the market value at Rs. 9,00,000/- per Are.