IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 661 of 2008() ------------------------- LAR.59/2004 of ADL.SUB COURT, THALASSERY .................... APPELLANT: RESPONDENT --------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, THALASSERY. 2. THE EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, KANNUR. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. RESPONDENTS: CLAIMANTS ---------------------- P.P.ABDULA KARIM, S/O.MAMMU, EDAKKAD AMSOM, CHALA, PADINCHAREKARA DESOM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, ALONG WITH LAA 844/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. Nos.661 & 844 of 2008 ---------------------------------------------- Dated 19th August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application Nos.723/08 in LAA 661/08 & 941/08 in LAA 844/08 : These are applications for condonation of delay. The appeals are filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Thalassery. The acquisition is for Chovva-Nadal bye pass road. Section 4(1) notification was issued on 31.3.2000. The reference court has fixed the land value at Rs.15,000/- per cent. It is seen from the judgment itself that the respondent/appellant did not have serious objection in fixing such rate. It is also seen that such fixation is made based on the fixation made in LAR 52/04, in respect of the same acquisition. The acquired properties are lying adjacent to the said property also. As far as value of structure is concerned, it is now settled law that the claimants are entitled to enhancement over and above the fixation made by the Land Acquisition Officer based on PWD rates. All that apart, it is seen that, of the nine cases covered by the common judgment, there is no appeal against many cases. The land value thus having LAA NO.661 & 844/08 2 become final, there is no reason to condone the delay and hear the appeals on merits. Accordingly, the applications for condonation of delay as well as the appeals are dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.661 & 844 of 2008 ---------------------------------------------- J U D G M E N T Dated 19th August, 2008.