IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 LA.App..No. 1283 of 2007() -------------------------- LAR.368/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT/RESPONDENT A:- --------------------------------- STATE OF KERALA REP. BY THE SPL. TAHASILDAR (LA) RAILWAYS NO.1, KOLLAM. BY ADV. MR. BENNY VARGHESE, GOVERNMENT PLEADER RESPONDENTS/CLAIMANT AND RESPONDENT B: ------------------------------------------------------ 1. SREEDHARAN PILLAI,PALASSERIL VEETTIL, KAPPIL MEKKUM MURI,KRISHNAPURAM VILLAGE. 2. THE EXECUTIVE ENGINEER (CONSTRUCTION), RAILWAYS. ADV. MR. N.B.SUNIL NATH, SC, RAILWAYS THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== L.A.A. No. 1283 of 2007 ========================== Dated this the 9th day of June, 2009. JUDGMENT The State files this appeal against the judgment of the Reference Court, namely, the Sub Court, Alappuzha in L.A.R. No. 368 of 2002. 2. An extent of 1.20 Ares of land comprised in Survey No. 10142/3 of Krishnapuram village was compulsorily acquired by the State for the purpose of the Railways. The notification under Section 4 (1) of the Land Acquisition Act, 1898 was published on 22.11.1991. The Collector passed the award on 14.01.1994 adopting a rate of Rs.9,581/- per Are. On a reference at the instance of the claimant, the court below enhanced the land value to Rs.27,280/- per Are. The court below relied on Ext.A1 judgment dated 17.06.2002 of that court in L.A.R. No. 31 of 1994 as per which similar parcels of land were compulsorily acquired by the State for the very same purpose from the very same village. In L.A.R. No. 31 of 1994, the notification under Section 4(1) was published on 28.10.1990 which is anterior to the notification in the present case. In that case, the Land Acquisition Officer had fixed the land value at Rs.9,094/- per Are. The said land value was enhanced to Rs.27,280/- by the Reference Court in L.A.R. L.A.A. No. 1283 of 2007 : 2 : No. 31 of 1994. The enhancement in that case was at the rate of Rs.18,186/- per Are. Since the land in the present case was acquired subsequently and also since the Land Acquisition Officer had fixed a higher rate of land value for the present case, the claimant was certainly entitled to enhancement of compensation. Hence, the enhancement given by the court below at the rate of Rs.27,280/- per Are is fair and reasonable. It is pertinent to note that aggrieved by Ext.A1 judgment (L.A.R. No. 31 of 1994), the State had preferred L.A.A. No. 1432 of 2005 before this Court. The said appeal was dismissed by this Court on 26.02.2008. It means that the basis adopted by the court below for granting the enhancement stands approved by this Court. If so, the challenge against the judgment of the Reference Court has to fail. This appeal is accordingly dismissed. Dated this the 9th day of June, 2009. V. RAMKUMAR, JUDGE. rv L.A.A. No. 1283 of 2007 : 3 : V. RAMKUMAR , J. ========================== C.M. Appln. No. 1489 of 2007 in L.A.A. No. 1283 of 2007 ========================== Dated this the 9th day of June, 2009. ORDER L.A.A. No. 1283 of 2007 : 4 : This is a petition to condone the delay of 748 days in filing the appeal. Even though the 1st respondent/claimant has been duly served, he has not chosen to enter appearance or file a counter affidavit. Having regard to the averments in the affidavit in support of the petition, the delay is condoned. Dated this the 9th day of June, 2009. V. RAMKUMAR, JUDGE. rv L.A.A. No. 1283 of 2007 : 5 :