IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 215 of 2004() ------------------------- LAR.224/1999 of SUB COURT, HOSDURG .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENTS: CLAIMANT & SUPPL. RESPONDENT: ---------------------- 1. KHADEEJA, D/O. ABDUL KHADER, PALLIKKERA II VILLAGE, KOTTIKULAM, BEKAL P.O., HOSDURG TALUK. 2. MANAGING DIRECTOR, B R D C ., CORPORATION LTD, THIRUVANANTHAPURAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 215 OF 2004 ---------------------------------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is filed by the State challenging the judgment and decree in L.A.R. No.224 of 1999 on the file of the Sub Court, Hosdurg. 2. An extent of 57 cents of land belonging to the claimant situated in Pallikkara-II Village was acquired for the purpose of Bekal Tourism Project. Section 4(1) notification was published on 6.8.1998. The Land Acquisition Officer fixed land value at Rs.8,300/- per cent which was refixed by the reference court at Rs.11,000/- per cent. According to the first respondent/claimant, the acquired land is situated near several public institutions and has commercial importance. It is also submitted that the adequate land value would be Rs.30,000/- per cent on the date of notification. The reference court noticed the fact that the land value for the basic land covered by Ext.R1 document was Rs.10,000/- per cent and that the basic document is dated 31.8.1996, that is, two years prior to Section 4 (1) notification. Taking into account the value fixed in Ext.R1 sale deed L.A.A.NO.215/2004 2 and the fact that the acquired land has direct road access, the reference court held that the claimant is entitled to get 10% enhancement than the value of the property covered by Ext.R1. Thus, the reference court refixed the land value at Rs.11,000/- per cent which is fair, just and reasonable. The percentage of increase is only 33%. We find no reason to interfere with the land value fixed by the reference court. The appellant has filed an application, C.M. Application No.516 of 2004 to condone the delay of 125 days in filing the appeal. Since, there is no merit in the appeal, the application and the appeal are dismissed. I.A. No.1060 of 2004 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.215/2004 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.215/2004 JUDGMENT 25TH FEBRUARY, 2008