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. 823 of 2007 ---------------------------- LAR.286/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT ---------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENT/CLAIMANT & ADDL. RESPONDENT NO.2: ---------------------------------------------- 1. P.THULASEEDHARAN, OORUVILAKOM HOUSE, THEKKUMBHAGAM MURI, KAZHAKUTTOM. 2. ELECTRONIC TECHNOLOGY PARKS (KERALA), KARIAVATTOM P.O., THIRUVANANTHAPURAM. BY SRI. P.A. AHAMMED, SC, TECHNO PARK 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.823 OF 2007 & C.M.Appln.No.973 OF 2007 ----------------------------------------- Dated this the 20th day of August, 2008. J U D G M E N T Harun-Ul-Rashid, J. C.M.Appln.No.973/2007: This is an application to condone the delay of 446 days in filing the appeal. The appeal is filed by the State against the judgment and decree dated 28.02.2005 in L.A.R.No.286/1998 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of property acquired is 8.80 ares of land in Survey No.413/8 of Kazhakkutom-Menamkulam village. The property was acquired for Eletronics Techno Park. Notification under Section 4(1) of the Land Acquisition Act is dated 13.01.1995. Land Acquisition Officer awarded land value at the rate of Rs.12,664/- per are. The reference court enhanced the land value and refixed it at Rs.21,133/- per are. Aggrieved by the said fixation, the State has come up in appeal. L.A.A. No.823/07 2 3. The evidence in this case consists of oral evidence of the claimant as AW1 and Exhibits A1 to A3 on the side of the claimant and Exhibits R1 to R5 on the side of the respondents. Exhibit C1 commission report was also marked. 4. The claimant pressed for fixation of market value on the basis of Exhibit A2 document. The reference court rightly held that the said property is having road frontage on the southern and eastern side and it is a residential plot with a pacca building. Therefore, there cannot be any comparison with the acquired land. 5. The reference court placed reliance on Exhibit A3 judgment in L.A.R.Nos.130 and 131 of 1998. Exhibit A3 acquisition is for the very same purpose and the property is also in the same village. Section 4(1) notification in that case was published on 05.04.1994. Land Acquisition Officer fixed the land value at the rate of Rs.14,784/- per Are in Exhibit A3 case and the same was enhanced by the reference court at Rs.24,710/- per Are. The court examined the oral and documentary evidence and concluded that Exhibit A3 property is lying nearer to the L.A.A. No.823/07 3 National Highway than the acquired land. The reference court held that the comparable document for the purpose of fixing the land value is Exhibit A3 and therefore, a proportionate increase in the land value to the tune of Exhibit A3 judgment can be given in the present case. We have already stated that in Exhibit A3 case, the land value awarded by the Land Acquisition Officer at Rs.14,784/- per Are was enhanced to and refixed at Rs.24,710/- per Are. In the present case, the land value awarded by the Land Acquisition Officer is Rs.12,664/- per Are. Therefore, fixation of land value by a proportionate increase, the amount will come to Rs.21,133/- per Are. The reference court fixed the land value at the said rate. 6. We find that Exhibit A3 judgment was upheld and has become final in the judgment in L.A.A.No.1171/2007. Since the value fixed in Exhibit A3 property has become final and proportionate value was granted on that basis, there is no reason to modify the award passed by the court below. L.A.A. No.823/07 4 In the result, the application for condonation of delay and the appeal are dismissed. I.A.No.2104/2007: Dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No.823/07 5 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 823 OF 2007 J U D G M E N T 20.08.2008