IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 LA.App.No. 803 of 2006 --------------------------- LAR.165/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT No.1 --------------------- STATE OF KERALA, REP. BY THE DIST. COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT: ----------------------------------------- 1. S.JAYA, SREEDHARAVILASATHU VEEDU, THEKKUMBHAGOM, KAZHAKKOOTTAM. 2. R.THULASEEDHARAN, RESIDING AT SREEDHARAVILASATHU VEEDU, THEKKUMBHAGOM, KAZHAKKOOTTAM. 3. ELECTRONICS TECHNO PARK, KARIAVATTOM P.O., THIRUVANANTHAPURAM, REP. BY ITS CHIEF EXECUTIVE OFFICER/REGISTRAR. BY ADV. SMT.M.HEMALATHA FOR R1 & R2 SRI. P.A. AHAMMED, SC, TECHNO PARK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, ALONG WITH L.A.A.118/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 803 OF 2006 & L.A.A. No. 118 OF 2008 ----------------------------------------- Dated this the 20th day of August, 2008. J U D G M E N T Harun-Ul-Rashid, J. C.M.Appln.Nos.1371/2006&119/2008:These are applications for condonation of delay of 318 days and 695 days respectively in filing the appeals. The appeals are filed against the judgment and decree in L.A.R.No.165/1998 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of property acquired is 5.9 Ares of land in Survey No.412/18 of Kazhakkoottom-Menamkulam village. Acquisition is for the purpose of Electronics Techno Park. Section 4(1) notification is dated 05.04.1994. Land Acquisition Officer awarded land value at the rate of Rs.12,644/- per Are. The reference court enhanced the same at Rs.15,173/- per Are. 3. Before the reference court, AW1 was examined and Exhibit A1 was produced on the side of the claimants. Exhibits R1 to R4 were marked on the side of the respondents. In L.A.A.803/06 & conn. case 2 support of the claim for enhanced compensation, the claimant placed reliance on Exhibit A1 judgment in L.A.R.No.118/1998 of the same court. Section 4(1) notification of Exhibit A1 case is dated 05.04.1994. The Land Acquisition Officer fixed land value at the rate of Rs.11,812/- per Are for Exhibit A1 property. Exhibit A1 property was included in the 10th category and the present case is in 9th category. As per Exhibit A1, 20% increase was given from the value fixed by the Land Acquisition Officer. The same method is adopted in this case and hence by giving 20% increase to the value of Rs.12,644/-, the land value in the present case was refixed at Rs.15,173/- per Are, which is no doubt just and reasonable. We find no reason to interfere with the decree passed by the reference court. Therefore, the applications for condonation of delay and the appeals are dismissed. I.A.No.4605/2006: Dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE smp L.A.A.803/06 & conn. case 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 803 OF 2006 & L.A.A. No. 118 OF 2008 J U D G M E N T 20.08.2008