IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 LA.App..No. 1673 of 2008() -------------------------- LAR.120/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, ADDL L.A.UNIT, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVIVISION, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.NOBLE MATHEW. RESPONDENT(S): --------------- DR. N.K.PONNAMMA, ASWATHY, T.C. 1/93, PRASANTH NAGAR, MEDICAL COLLEGE, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.1673 of 2008 ---------------------------------------------- Dated 23rd September, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.1767/08 : There is a delay of 52 days in filing the appeal. On merits it is seen that the acquisition is for the purpose of construction of four line road from Ulloor Junction to Kuzhuvila Bye-pass. Section 4(1) notification is dated 15.5.2003. The Land Acquisition Officer fixed the land value at Rs.98,681/- per Are. The reference court fixed it at Rs.1,75,000/- per Are. The total extent involved is 0.38 Ares. The enhancement made is Rs.29,001/- with statutory benefits. We do not think that this court should interfere with the matter, in view of the small extent and the amount involved in the case. The delay petition and the appeal are dismissed. The apprehension of the learned Government Pleader is that the judgment may not be taken as a precedent. We make it clear that we have not considered the appeal on merits and the land value covered by this case shall LAA NO.1673/08 2 not be referred or relied on for the purpose of fixation of land value in connected cases. I.A.No. 3827/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.1673 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2008.