Asha, J.,
This appeal is filed for enhancement of compensation in respect of the appellant's property acquired as per notification dated 8.7.1994 for the purpose of construction of Terminal Block for the Kochi International Air Port at Nedumbassery. An extent of 16.30 Ares of dry land with Panchayath road frontage in Sy. No. 536/16-18 in Nedumbassery village was acquired. The Land Acquisition Officer passed an award dated 3.7.1997 fixing the land value at the rate of `.2,350/- per are along with all statutory benefits. The land was acquired on 5.7.1997.
2. In LAR No.216/1998, the court below by its judgment dated 30.10.2001, enhanced the compensation reckoning the land value at 96% above the value fixed by the Land Acquisition Officer, in tune with the enhancement granted in LAR No. 134/1998 in respect of the property acquired by the same notification.
3. The 2nd respondent herein - the Kochi International Airport Society took up the matter in Appeal and this Court in L.A.A. 1274/2002 and connected cases, set aside the judgment and remanded the matter to the court below for fresh consideration. This Court had found that L.A.A. 865/2000 and connected cases filed against the judgments in LAR Nos. 134/1998, 294/1998 etc, relied on in the impugned judgment, were already allowed by this Court by judgment dated 16.6.2003, declaring that the the claimants were entitled to enhancement by 45% only. It was further found that merely because 96% or 45% enhancement from the land value adopted by the Land Acquisition Officer was given in various types of dry lands acquired for the same purpose, it need not be necessary that same percentage should be granted to all wet lands acquired and that there was no material before the court below to fix the market value of the land. Hence, this Court set aside the award and remanded the matter for fresh consideration.
4. Accordingly, the court below, adjudicated the matter again. By the impugned judgment, it was found that the property acquired from the appellant was double crop wet land, rejecting the claim of the appellant that it was dry land. The court below, on analysis of the evidence on record, found that the identity of the property inspected by the Advocate Commissioner who was examined as AW2, was doubtful and no reliance can be placed on the Commission report or on the testimony of the Advocate Commissioner. In the absence of any further material in support of the claim of appellant, the court below found that the categorisation of the acquired land as double crop land by the Land Acquisition Officer was correct. The court below also found that the appellant was not entitled to any enhancement, as there was no reliable evidence to establish the market value. Therefore, this Appeal is filed seeking enhanced compensation.
5. We heard the learned counsel for the appellant as well as the learned Government Pleader and learned Standing Counsel for the 2nd respondent.
6. Learned Standing counsel for the 2nd respondent furnished a copy of the judgment in LAA 940/2002 filed against LAR No. 217/1998 relating to property acquired under very same notification; which is also double crop wet land. By this judgment this Court dismissed the appeal holding that the Land Acquisition Court had awarded additional compensation of 45% and the same was reasonable, in view of the fact that the appeals against the connected cases, filed by the claimants were already dismissed observing that additional compensation of 45% was already granted by the Land Acquisition Court.
7. In view of the judgments in LAA 1274/2002 as well as LAA 940/02 where 45% enhancement by the Land Acquisition Court was found reasonable, we are of the view that appellant herein also is entitled to enhancement by 45% and accordingly, we declare that the appellant will be entitled to enhancement of land value by 45% along with all the statutory benefits with effect from the date of the award.
8. Learned counsel for the appellant pointed out that based on the order passed by this Court on 20.11.2002, at the stage of admission of L.A.A. No. 1274/2002 filed by the Kochi International Airport Society- the 2nd respondent herein, they had deposited one half of the enhanced compensation awarded in the judgment dated 30.9.2012 in LAR No. 216/1998. Therefore, while disbursing the amount due towards enhanced compensation to the appellant herein, it shall be duly reckoned. The 2nd respondent shall be free to file a statement before the execution court pointing out the payment along with the details.
The appeal is disposed of as above.
T.R.RAMACHANDRAN NAIR (JUDGE) P.V.ASHA (JUDGE) AL/-