IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 LA.App..No. 1404 of 2007() -------------------------- LAR.520/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT IN LAR ---------------------------- STATE OF KERALA BY GOVERNMENT PLEADER MR.SHYSON P.MANGUZHA RESPONDENT: CLAIMANT IN LAR ---------------------------- GOMATHY, D/O.BHASKARAN, THEKKEMATTATHU VEEDU, MANGADU, NOW RESIDING AT PARAMBIL PUTHEN PURAYIL VEEDU, PADANAYARKULANGARA, NORTH KARUNAGAPPALLY. BY ADV. SRI.N.DHARMADAN (SR.) FOR R1 SMT.D.P.RENU FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3515 OF 2007 IN LAA NO.1404 OF 2007 DISMISSED. 17.6.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1404 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th June, 2008 JUDGMENT Even though a serious counter affidavit has been filed by the respondent to the delay petition, I am of the view that since I am able to dispose of the appeal itself on merits, delay can be condoned. Accordingly, the delay is condoned and the appeal is considered for admission. 2. This appeal pertains to 0.90 Ares of land in Survey No.2345 of Mangadu Village within the limits of Kollam Corporation for the purposes of NH Bye Pass pursuant to a notification under Section 4(1) dated 1.10.1992. The Land Acquisition Officer had awarded land value at the rate of Rs.10,020/- per Are. The reference court under the impugned judgment refixed the land value at Rs.22,450/- per Are relying mainly on Ext.A2 judgment in LAR No.64/96 of the Sub Court, Kollam. LAR No.64/96 related to acquisition for the very same purpose pursuant to a notification under Section 4(1) which had been issued just six days subsequent to Section 4(1) notification in this case. The reference court noticed that the land acquisition officer had treated the subject properties as slightly inferior to the properties covered by Ext.A2 judgment and on that basis a proportionate LAA No.1404/07 - 2 - reduction was made on the fixation of land value under Ext.A2. Accordingly, refixation was done at the rate of Rs.22,450/- per Are. Mr.N.Dharmadan, senior counsel appearing on behalf of the respondent brought to my notice on the basis of Annexure I judgment produced along with the counter affidavit filed in the delay petition that Ext.A2 has attained finality and that a Division Bench of this court noticed that circumstance and dismissed another appeal LAA No.693/06 which also related to a judgment passed by the reference court relying on Ext.A2. I am of the view that having regard to the finality attained by Ext.A2 judgment and also the judgment of the Division Bench in LAA No.693/06, no useful purpose will be served from the Government's point of view by admitting this appeal. The appeal is dismissed as in limine. srd PIUS C.KURIAKOSE, JUDGE