IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 LA.App.No. 612 of 2003 ----------------------------- LAR.68/1998 of SUB COURT,ATTINGAL .................... APPELLANT/RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. RESPONDENTS/CLAIMANTS ---------------------- 1. MOHANAN, IRATHU VEEDU, PERUMKUZHI, CHIRAYANKEEZH. 2. SUBHADRA, DO.DO. BY ADV. SRI. J. JAYAKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 612 OF 2003 ----------------------------------------- Dated this the 15th day of February, 2008. J U D G M E N T Kurian Joseph, J. C.M.P.No.2182/2003: This is a petition to condone the delay of 143 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.68/1998 on the file of the Sub Court, Attingal. On merits it is seen that the acquisition is for Railways. 2. The Land Acquisition Officer, based on the valuation made by the Railways, granted only Rs.941/- for the well situated in the acquired property. The acquired property is only 1.50 Ares. Before the reference court, though the claimants made an attempt for enhancement of land value, it was declined. As far as the value for the well is concerned, in view of the evidence tendered by the claimants which was not contradicted also, the reference court granted an enhancement and fixed the value of structure-well as Rs.15,000/-. Since such fixation is based on evidence and in the absence of any contra evidence on L.A.A. 612/2003 2 the part of the State or Railways, we do not find any merit in the appeal. The application for condonation of delay and the appeal are accordingly dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 612/2003 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 612 OF 2003 J U D G M E N T 15.02.2008