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. 797 of 2008(D) ------------------------------- LAR.27/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT --------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT/CLAIMANT --------------------- 1. S.SADASIVAN, PATTARI VEEDU, KATTAIKONAM, THIRUVANANTHAPURAM. 2. ELECTRONICS TECHNOLOGY PARKS (KERALA), KARIYAVATTOM PO, THIRUVANANTHAPURAM REP.BY ITS CHIEF EXECUTIVE OFFICER. BY ADV. SRI.J.HARIKUMAR FOR R1 SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No.797 OF 2008 & C.M.Appln.No.897 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.No.897/08: This is an application to condone the delay of 74 days in filing the appeal. The appeal is filed by the State against the judgment and decree in L.A.R.No.27/2000 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of property acquired is 143.15 Ares of land comprised in Survey No.566/4, 562-1 and 564-1 of Attippra village. Acquisition is for the purpose of Electronics Techno Park. Notification under Section 4(1) of the Land Acquisition Act is dated 02.09.1995. 3. Land Acqusition Officer categorized the acquired property as 'N' and 'G' and awarded land value at the rate of Rs.8,766/- per Are for the property included in 'N' category and L.A.A. No.797/08 2 Rs.15,892/- per Are for 'G' category. The reference court refixed the land value at the rate of Rs.15,000/- and Rs.30,000/- respectively for the said categories. 4. The reference court relied on Exhibits A6 to A8 judgments rendered by the same court in relation to the properties acquired for the same purpose under the same notification and same category. The value fixed by the reference court in Exhibits A6, A7 and A8 are relied on and on that basis the land value was refixed in this case. We find no reason to interfere with the decree passed by the reference court. There is no merit in this case. Therefore, the application for condonation of delay and the appeal are dismissed. I.A.No.1863/2008: Dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No.797/08 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 797 OF 2008 J U D G M E N T 20.08.2008