2025:KER:28335 L.A.Apps 192 & 1/2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 LA.APP. NO. 192 OF 2020 AGAINST THE JUDGMENT AND DECREE DATED 17.8.2016 IN LAR NO.96 OF 2011 OF ADDITIONAL SUB COURT, THALASSERY APPELLANT/CLAIMANT NO.1: MELIYADATH KAMALA AGED 69 YEARS, W/O.BALAN, PADINJARAYIL VEEDU, P.O.KEEZHALLUR, KEEZHALLUR VILLAGE, KANNUR DISTRICT. BY ADV SRI.T.RAMESH BABU SRI.C.K.SREEJITH RESPONDENTS/CLAIMANT NO.2 & SUPPLEMENTAL CLAIMANT NO.3 AND RESPONDENTS 1 TO 3: 1 O.K.JANARDHANAN NAMBIAR “SARASIJA”, P.O.KEEZHALLUR, KEEZHALLUR VILLAGE, KANNUR DISTRICT-670612. 2 POYILAN ABDUL KHADAR, AGED 70 YEARS S/O.ABU HAJI, PWD CONTRACTOR, NADUVIL HOUSE, T.C.ROAD, PAZHASSI AMSOM, MATTANNUR DESOM- 670702. 2025:KER:28335 L.A.Apps 192 & 1/2020 2 3 GOVERNMENT OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR-670001. 4 THE MANAGING DIRECTOR, KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695010. 5 THE SPECIAL TAHSILDAR (LA), AIR PORT, NO.1 MATTANNUR-670702. BY ADVS. K.V.PAVITHRAN FOR R2 JAYANANDAN MADAYI PUTHIYAVEETTIL(K/572/2004) FOR R2 JITHIN S SUNDARAN(K/000967/2016) ADARSH KURIAN(K/154/2020) P.U.SHAILAJAN FOR R4 SRI.T.K.SHAJAHAN, SR.GP FOR R3 & R5 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS/HEARING ON 19.03.2025, ALONG WITH LA.App..1/2020, THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING: 2025:KER:28335 L.A.Apps 192 & 1/2020 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 LA.APP. NO. 1 OF 2020 AGAINST THE JUDGMENT AND DECREE DATED 17.8.2016 IN LAR NO.96 OF 2011 OF ADDITIONAL SUB COURT, THALASSERY APPELLANT/SUPPLEMENTAL CLAIMANT NO.3: POILAN ABDUL KHADAR, AGED 68 YEARS S/O ABU HAJI, NADUVIL VEEDU, CONTRACTOR, NITTUVOTTUM KUNNU, PAZHASSI AMSOM, MATTANNUR DESOM. BY ADVS. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.NIAS MOOPAN SRI.P.SAJU SRI.E.M.UNNIKRISHNAN MANJERI RESPONDENTS/CLAIMANTS 1 & 2 & RESPONDENTS 1 TO 3: 1 MELIYEDATH KAMALA, W/O BALAN PATINJARAYIL VEEDU.P.O.KEEZHALLUR, KEEZHALLUR VILLAGE, KANNUR DISTRICT. 2025:KER:28335 L.A.Apps 192 & 1/2020 4 2 O.K.JANARDHANAN NAMBIAR, “SARASIJA”, P.O.KEEZHALLUR, KEEZHALLUR VILLAGE, KANNUR DISTRICT. 3 GOVERNMENT OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR 4 THE MANAGING DIRECTOR, KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM. 5 THE SPECIAL TAHSILDAR (LA), AIR PORT, NO.1, MATTANNUR. BY ADVS. SRI.T.RAMESH BABU FOR R1 SRI.C.K.SREEJITH FOR R1 SHRI.P.U.SHAILAJAN, SC, KINFRA FOR R4 SRI.T.K.SHAJAHAN, SR.GP FOR R3 & R5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.03.2025, ALONG WITH LA.App..192/2020, THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING: 2025:KER:28335 L.A.Apps 192 & 1/2020 5 DR. A.K.JAYASANKARAN NAMBIAR, J. & EASWARAN S., J. ------------------------------- L.A.App.Nos.192/2020 & 1/2020 ----------------------------------- Dated this the 4th day of April, 2025 J U D G M E N T Easwaran S., J. Both the appeals arise out of the judgment and decree dated 17.8.2016 in L.A.R No.96/2011 on the files of the Addl. Sub Court, Thalassery. The appellant in L.A.App.No.192/2020 is the first claimant in L.A.R No.96/2011, whereas the appellant in L.A.App.No.1/2020 is the 3rd claimant. 2. The brief facts necessary for the disposal of the appeals are as follows: An extent of 0.4419 Hectors of land in R.S No.17/3 of Keezhallur Village in Thalassery Taluk was acquired for the purpose of Kannur Airport at Mattannur, which is the subject matter of L.A.R No.96/2011. An extent of 1.1584 Hectors of land in R.S No.17/3 of Keezhallur Village in Thalassery Taluk was also acquired for the purpose of Kannur Airport at Mattannur. The appellant in L.A.App.No.1/2020 (Sri.Poyilan Abdul Khadar) raised a claim in respect of 3.47 Acres of land in R.S No.17/1, when the said land was 2025:KER:28335 L.A.Apps 192 & 1/2020 6 acquired along with the neighbouring properties. The appellant in L.A.App No.1/2020 preferred O.S.No.416/2009 before the Sub Court, Thalassery for a declaration of title regarding the extent of land. The land acquisition officer discarded the claim of the appellant in L.A.App.No.1/2020 and proceeded to pass an award in favour of the appellant in L.A.App.No.192/2020. The appellant in L.A.App.No.192/2020, Smt.Meliyedath Kamala possessed an extent of 0.4419 Hectors of land in R.S No.17/3 of Keezhallur Village. Though the land acquisition officer fixed the land value at Rs.22,48,740/- per Hector, since there was dispute on the title of the property, the amount was deposited under Section 30 of the Land Acquisition Act. The parties sought separate references under Section 18 of the Land Acquisition Act, and both the references, L.A.R Nos.50/2011 and 96/2011, were jointly tried. The reference court also considered the dispute on the title as L.A.R No.357/2010 and by judgment and decree dated 10.09.2015, the reference court held in favour of Smt.Meliyadath Kamala. The appellant in L.A.App.No.1/2020 (Sri.Poyilan Abdul Khadar) challenged the aforesaid judgment in L.A.App.No.77/2016 and during the pendency of the said appeal, a joint compromise statement was filed on behalf of the parties, wherein the parties decided to sort out their issue on the remaining disputed extent of 21 cents by agreeing to apportion 2025:KER:28335 L.A.Apps 192 & 1/2020 7 the lands between them in the ratio 11:10, i.e. 11 cents in favour of Poyilan Abdul Khadar and the remaining in favour of Smt.Meliyadath Kamala. It is in the above backdrop, we proceed to consider these appeals in order to see as to whether the appellants are entitled for entitlement of the amount. 3. Heard Sri.K.V.Pavithran and Sri.K.Ramesh Babu, the learned counsel appearing for the appellant in L.A.App.Nos.1/2020 and 192/2020, respectively, and Sri.T.K.Shajahan, the learned Senior Government Pleader appearing for the State. 4. On consideration of the rival submissions raised across the bar, we are of the view that the claim for enhancement by Smt.Meliyadath Kamala in L.A.App.No.192/2020 is liable to be allowed. The reference court while considering the claim for enhancement, relied on Ext.A10 judgment and fixed the market value at Rs.41,570/- per Are, i.e. Rs.16,830/- per cent. We noticed that in L.A.App.No.361/2017 against the judgment and decree in L.A.R No.50/2011 preferred by Poyilan Abdul Khadar, the appellant in L.A.App. No.1/2020, a Division Bench of this Court enhanced the land value to Rs.25,963/- per cent. On a perusal of the said judgment, we find that the land acquisition reference arose from the very same notification and the purpose of acquisition is also one and the same. That being so, we see no reason as to why the land value in respect 2025:KER:28335 L.A.Apps 192 & 1/2020 8 of 0.4419 hectares of land should not be enhanced to Rs.25,963/- per cent. Accordingly, we allow L.A.App.No.192/2020 and refix the land value at Rs.25,963/- per cent. The appellant will also be entitled to all statutory benefits and also proportionate costs in the appeal. 5. Insofar as L.A.App.No.1/2020 is concerned, we take note of the joint statement of compromise preferred by the parties in L.A.App.No.77/2016 and order that the compromise recorded therein will also bind on the parties insofar as the enhanced compensation is concerned. Therefore, in terms of the said compromise, we find that the appellant in L.A.App.No.1/2020 will be entitled for compensation for 11 cents @ Rs.25,963/- per cent, which would come to Rs.2,85,593/-, along with all statutory benefits to the aforesaid extent. Ordered accordingly. Sd/- DR.A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/- EASWARAN S., JUDGE jg