IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 LA.App..No. 536 of 2008(D) -------------------------- LAR.260/2002 of ADDL.SUB COURT, KOTTAYAM .................... APPELLANT/RESPONDENT: ----------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER RESPONDENT/CLAIMANT: -------------------- SUKUMARAN, S/O.NARAYANAN, THOTTAPALLIL, KADAPOOR, KANAKARI VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ L.A.A.No.536 OF 2008 ------------------------------------------- Dated this the 19th day of March, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.549/2008: This is an application for condonation of delay of 370 days in filing the appeal. On merits it is seen that that acquisition is for the purpose of MVIP canal. The enhancement is only to the tune of 60%. However the learned Government Pleader submits that without any evidence severance compensation to the tune of Rs.10,000/- has been granted. The evidence before the reference court includes the records of the land acquisition. It has been found that an extent of around four cents has been separated from the rest of the property because of the formation of canal. Therefore, the court is perfectly justified in granting the compensation. In that view of the matter, there is no merit in this appeal. Therefore, the appeal and application are dismissed. I.A.No.1170/2008: Dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE ps