IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 LA.App..No. 1688 of 2008() -------------------------- LAR.113/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. T.P.JOHN, S/O.POULOSE, PULLATTU THUKALAN KUREEKKAD. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.1688 of 2008 ---------------------------------------------- Dated 23rd September, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.1777/08 : There is a delay of 115 days in filing the appeal. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. The acquisition is for the purpose of doubling the railway track between Ernakulam and Mulanthuruthy. It is seen that both sides did not have any objection in placing reliance on the judgment in LAR 96/06, in respect of the property acquired for the very same purpose, pursuant to the very same notification. It was also not in dispute that the property in the instant case is under category (1), though situated slightly away from the Kureekad junction, when compared to the property in LAR 96/06. However, in view of the similarity and comparability of the land with the very same advantages, and lying on the side of the tarred Panchayat road, the value fixed for category (1) in LAR 96/06 was fixed in the instant case also, at the rate of Rs.73,710/- per Are. The fixation thus being made based on the LAA NO.1688/08 2 value awarded in LAR 96/06, for which there was no objection, and in the absence of any contra evidence, we do not find any merit in the appeal. The delay petition and the appeal are accordingly dismissed. I.A.No. 3846/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.1688 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2008.