IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 LA.App..No. 1326 of 2008() -------------------------- LAR.174/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMED ANZAR RESPONDENT: CLAIMANTS ---------------------- K.RAMACHANDRA MOORTHY, ATTU BUNGLOW, KARAMANA P.O., TC.20/1920. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1326 OF 2008 & C.M. APPLICATION NO.1397 OF 2008 ---------------------------------------------------------------- Dated this the 5th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.1397 of 2008 is an application to condone the delay of 997 days in filing the appeal. The State of Kerala is the appellant. The appeal is directed against the judgment and decree dated 28.2.2005 in L.A.R. No.174of 1999 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of land acquired is 2.90 Ares of dry land in Survey No.2260/7 of Thirumala Village. Acquisition is for the purpose of construction of Karamana bridge. The Land Acquisition Officer fixed land value at the rate of Rs.1,35,838/- per Are. The reference court refixed the land value at Rs.1,85,000/- per Are. The claimant was examined as AW.1 and Ext.A1 was marked on his side. Exts.R1 to R3 were marked on the side of the respondent. The claimant relied on Ext.A1 judgment in L.A.R. No.221 of 1998 of the same court. The said reference also related to acquisition of property for the very same purpose. The reference court, on comparison of both the lands, held that the acquired land is better than the L.A.A.NO.1326/2008 2 property covered by Ext.A1. Ext.R2 mahazar evidences the fact that the acquired land is situated about 70 metres northwards from Karamana bridge and 6 metres inwards from the main road and near to National Highway. Considering the value fixed for the property covered by Ext.A1 and the locational importance of the property acquired, the reference court refixed the land value at Rs.1,85,000/- per Are. 3. Considering the fact that the land acquired is small in extent and that the enhancement granted is only nominal and based on valid materials, we are of the view that the land value fixed by the reference court is just and reasonable and requires no interference. We also find that there are no sufficient reasons for condoning the delay in filing the appeal. The appeal and the application for condonation of delay are, therefore, dismissed. I.A. No.2978 of 2008 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1326/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1326/2008 JUDGMENT 5th August, 2008