IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 LA.App..No. 2042 of 2008 LAR.252/2006 OF SUB COURT, MUVATTUPUZHA APPELLANTS: RESPONDENTS: ------------------------ 1. THE STATE OF KERALA. 2. THE EXECUTIVE ENGINEER, MVIP DIVISION NO.1V, PIRAVOM. BY GOVERNMENT PLEADER SRI.K.J.MOHAMED ANZAR RESPONDENT): CLAIMANTS ------------------------ 1. K.J.BENJAMINE, S/O.JOSEPH, KARAKKATTU, VADVATHOOR, VIJAYAPURAM VILLAGE. 2. P.C.SOSAMMA, W/O.K.J.BENJAMINE, KARAKKATTU, VADVATHOOR, VIJAYAPURAM VILLAGE. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 2042 OF 2008 and C.M.APPL.NO.2091 OF 2008 ------------------------------------------------------------- Dated this the 11th November, 2008 JUDGMENT Kurian Joseph, J. C.M.Appl.No.2091 of 2008 is an application for condonation of the delay of 76 days in filing the appeal. On merits, the appeal is directed against the judgment and decree in LAR.No.252 of 2006, on the file of the Sub Court, Muvattupuzha. The acquisition is for the purpose of Muvattupuzha Valley Irrigation Project. The extent involved is only 14.60 Ares. The enhancement is only at the rate of Rs.3,600/- per Are over and above the land value awarded by the Land Acquisition Officer. It is seen from the judgment that the Land Acquisition Officer had fixed the land value at Rs.10,800/- per Are. If that be so, the enhancement is only about 35%. In several cases pertaining to MVIP, this court has sustained the enhancement upto 65%. Therefore, there is no reason to condone the delay. The petition for condoning the delay in filing the appeal, C.M.Appl.No.2091 of 2008, is therefore dismissed. L.A.A. NO.2042 OF 2008 :: 2 :: 2. Consequent to the dismissal of the application for condonation of delay in filing the appeal, the appeal is dismissed. The interlocutory application for stay, I.A.No.4553 of 2008, is also dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/