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. 242 of 2007 ------------------------- LAR.113/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT NO.1 IN LAR --------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR RESPONDENTS/CLAIMANT & ADDL.R2 IN LAR -------------------------------------- 1. SALMA BEEVI, VALIYA PANAYIL VEEDU, PALLIPPURAM,MENAMKULAM,ATTIPRA VILLAGE. 2. ELECTRONIC TECHNOLOGY PARKS(KERALA) KARIAVATTOM P.O.,THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. BY ADV. SRI.A.AHZAR FOR R1 SRI. P.A. AHAMMED, SC, TECHNO PARK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, ALONG WITH L.A.A.1108/2007 & CONN. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------- L.A.A. Nos.242, 1108 & 1306 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.Nos.339, 1295 & 1510 of 2007: These are applications for condonation of delay of 817, 773 and 464 days in filing the appeals. The appeals are filed by the State against the judgment and decree in L.A.R.Nos.113, 133 and 141 of 1998 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of property acquired is 4.15 Ares, 12.2 Ares and 13.8 Ares respectively. Acquisition is for the purpose of Electronics Techno Park. Notification under Section 4(1) of the Land Acquisition Act is dated 05.04.1994. In L.A.R.Nos.113 and 133 of 1998, Land Acquisition Officer awarded land value at the rate of Rs.15,750/- per Are and the same was enhanced and refixed by the reference court at Rs.18,900/- per Are granting a 20% increase. Similarly, in L.A.R.No.141/1998 also the L.A.A.No.242/07 & conn. cases 2 reference court granted 20% increase. In that case, Land Acquisition Officer awarded land value at Rs.12,644/- per Are and the same was enhanced and refixed by the reference court at Rs.15,173/- per Are. 3. Relying on the oral evidence regarding the importance of the locality uncontroverted by the respondents, the court below held that it is just and reasonable to give 20% increase from the value given by the Land Acquisition Officer. We have considered today several cases relating to the same acquisition and same percentage of increase granted by the reference court was upheld in connected appeals. We find no reason to interfere with the decree passed by the reference court. Therefore, the applications for condonation of delay and the appeals are dismissed. All interlocutory applications for stay are dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A.No.242/07 & conn. cases 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. Nos.242, 1108 & 1306 OF 2007 J U D G M E N T 20.08.2008