IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 LA.App..No. 2120 of 2008(D) --------------------------- LAR.212/2005 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENT(S): CLAIMANT & RESPONDENT NO.2. ------------------------------------------ 1. SMT.BABY ROJA, D/O.GOPALAN VYDIAR, SREENILAYAM, PANUNDA, KUTHUPARAMBA. 2. THE GENERAL MANAGER, KSIDC, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.2120 of 2008 ---------------------------------------------- Dated 14th November, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.2170/08 : This is a petition for condonation of delay of 98 days in filing the appeal. The appeal is filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Thalassery. On merits, it is seen that the acquisition is for the purpose of widening of road to Industrial Growth Centre. It is seen that the total enhanced land value is only Rs.23,045/-. Reliance is placed mainly on Ext.C1 commission report, apart from the evidence of AWs.1 and 2. There is no evidence for the respondents. As per the commission report, the acquired property is situated abutting Kuthuparamba - Mooriyad road, near Koothuparamba town. In view of the proximity of the acquired property of only 75 meters from the Kuthuparamba town, the reference court fixed the land value at Rs.50,000/- per cent against the value suggested by the Commissioner to the tune of Rs.50,000/- to Rs.75,000/- per cent. It is also seen that only 20% increase in value of structure was given. There is no dispute that LAA NO.2120/08 2 such enhancement is permissible in view of the fact that the valuation made by the Land Acquisition Officer is based on PWD rates. In the absence of any contra evidence, we do not find any merit in the appeal. The delay petition and the appeal are accordingly dismissed. I.A.No.4757/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.2120 of 2008 ---------------------------------------------- J U D G M E N T Dated 14th November, 2008.