IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 LA.App..No. 291 of 2004() AGAINST THE JUDGMENT IN L.A.R. NO.9 OF 1998 OF SUB COURT, ATTINGAL ------------------------- APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENT: CLAIMANT. ----------------------- LAILA BEEVI, S.B.MANZIL, CHITTATTUMUKKU, MURICKUMPUZHA. BY ADVS. SRI.M.BALAGOVINDAN SRI.SASITH.M.R THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 291 OF 2004 & C.M. APPLICATION NO. 621 OF 2004 ---------------------------------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Kurian Joseph, J. C.M. Application No.621 of 2004 is an application to condone the delay of 250 days in filing the appeal. On merits it is seen that the acquisition is for the purpose of doubling the railway line at Vailoor Village. The total extent involved is 2.80 Ares. The Land Acquisition officer fixed land value at Rs.14,385/- per Are as against a claim of Rs.50,000/- per cent. The claimant produced Ext.A1 and examined herself and another person as AWs.1 and 2. No evidence was adduced by the respondent. 2. Though the reference court found that the claimant could not establish the similarity and comparability of the acquired land with the property covered by Ext.A1, in view of the locational importance of the acquired property, and which was not disputed also, after making some permissible guesswork, the reference court fixed the land value at L.A.A.NO.291/2004 2 Rs.30,000/- per Are. For the compound wall, the Land Acquisition Officer granted Rs.9,527/- and in view of the evidence that the compound wall had a length of 48 metres and a height of 8 feet and constructed of granite stones in 1992, the reference court fixed the value at Rs.70,000/-. In view of the unchallenged evidence, we do not think this Court at this stage should interfere with the fixation of land value and compensation. We particularly take note of the fact that the extent involved is only 2.80 Ares. The application and the appeal are, therefore, dismissed. I.A. No.1440 of 2004 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.291/2004 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. .NO.291/2004 JUDGMENT 22ND FEBRUARY, 2008