Harun-Ul-Rashid, J.
Claimants are the appellants. The appeal is directed against the judgment dated 29.11.2003 in L.A.R.No.101/1998 on the file of the Sub Court, Manjeri. An extent of 00.4790 hectares of land (1.18 acres) comprised in R.S.No.330/4 of Pallikkal Village was acquired by the Government for the expansion of the runway of the Calicut Airport. The acquired property is included in tak No.II category. Section 4(1) notification was issued on 15.11.1993. The Land Acquisition Officer awarded `8,539/- per cent as land value. The claimants pointed out that the acquired land is situated at a distance of 130 metres from Kondotty-Tirurangadi road and 50 metres from Koottalingal-Mukkod road. It is also contended that the land is having commercial and industrial importance and so many educational, Government and other institutions are lying within the distance of 200 meters from the acquired land. According to the claimant the property will fetch ` 1 Lakh per cent at the time of acquisition. Parties are hereinafter referred to as arrayed in the reference case.
2. The reference case was tried along with L.A.R.No.75/1997 and judgment and decree was passed on 9.4.2001 fixing the land value at the rate of ` 12,000/- per cent. Requisitioning authority, namely, Airport Authority of India, Calicut, preferred L.A.A.No.673/2002. Finding that the requisitioning authority was not heard at the time of passing the decree, this court set aside the judgment and decree and remanded with a direction to implead the requisitioning authority. Subsequently, requisitioning authority was impleaded as additional 2nd respondent.
3. Before disposal of the case on 9.4.2001, the claimant examined AW1 to AW3 and marked Ext.A1 on his side. RW1 was examined and Ext.B1 was marked on the side of the State. Ets.C1 and C2 were also marked. This Court in L.A.A.No.673/2002 directed the reference court to dispose of the reference case afresh after affording an opportunity to both sides to adduce fresh evidence. It is submitted that after remand, RW1 was re-examined and Exts.A2 to A4 were marked.
4. The court below answered the reference by re-fixing the land value. Enhancement was granted to a very limited extent fixing the land value at the rate of ` 10,000/- per cent. Aggrieved by the quantum of compensation awarded, this appeal was preferred by the claimants.
5. We have noticed the common judgment passed by this Court in L.A.A.No.911/2003 and connected appeals. This Court considered the question of compensation in respect of all categories of lands under the same acquisition. The acquired property in the present case is included in tak No.II. This Court vide judgment dated 11.11.2009 disposed of several appeals including L.A.A.No.911/2003. The land value of properties included in tak No.II was fixed at ` 13,750/- per cent. This Court also found that in view of largeness of extent involved in some cases i.e., cases in which more than one acre of land was acquired, this Court deducted 7.5% from `13,750/-. Thus, the market value fixed for tak No.II properties was ` 12,718.75/- per cent. In the light of the disposal of connected matters involving properties of like nature acquired under the very same notification, we are not called upon to consider the contentions of the appellant again. We adopt the land value fixed by the Division Bench in L.A.A.No.911/2003 and connected appeals. Taking into consideration the commercial and industrial importance and nearness to main road, we think that a slight modification is necessary in this case. We therefore, re-fix the land value at the rate of ` 13,000/- per cent. Slight modification is made taking into consideration the particular features of the acquired land and its potential value.
In the result, the appeal is partly allowed. The judgment and decree passed by the court below is modified. The claimants are entitled to realise land value at the rate of `13,000/- per cent less the amount already awarded by the Tribunal. The appellants are entitled to all eligible statutory benefits for the enhanced compensation as also ordered by the reference court.
HARUN-UL-RASHID, Judge.
bkn/-
ANIL K.NARENDRAN, Judge.