IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 LA.App.No. 555 of 2003 ----------------------------- LAR.5/1999 of SUB COURT,KOTTARAKKARA .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. RESPONDENTS/CLAIMANTS: ----------------------- 1. THOMAS, S/O. PATHROSE, KADAVIL VEEDU, THOLICODU, PUNALUR. 2. ALEYAMA, W/O. THOMAS, -DO- -DO-. BY ADV. SRI. BECHU KURIAN THOMAS SRI. PRAKASH PUTHIADAM THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 555 OF 2003 ----------------------------------------- Dated this the 15th day of February, 2008. J U D G M E N T Kurian Joseph, J. C.M.P.No.2037/2003: This is a petition to condone the delay of 90 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.5/1999 on the file of the Sub Court, Kottarakkara. Acquisition is for the purpose of construction of a bridge at Tholikkode across Maniyar River. 2. The extent involved is only 7.30 Ares. Section 4(1) notification is dated 13.03.1997. Land Acquisition Officer fixed the land value at the rate of Rs.29,538/- per Are. Before the reference court, claimants sought enhancement on the basis of Exhibit A1 document. Exhibit A1 is a sale deed executed on 31.03.2002. The purchaser is Indian Oil Corporation. The value shown in the document is Rs.59,280/- per Are. It is stated in paragraph 11 of the judgment that Exhibit A1 sale deed is a document executed in 1995. The said land is situated three furlongs away from the acquired land. Since purchaser is Indian L.A.A. No. 555/03 2 Oil Corporation, reference court rightly relied on the said document to fix the land value in respect of the acquired property though Exhibit A1 property is a paddy field. Therefore, taking the land value of Exhibit A1 as an indicator, the reference court fixed the land value at the rate of Rs.60,000/- per Are. There is no evidence either documentary or oral for the respondents. The reference court thus having fixed the land value taking the value shown in Exhibit A1 document as an indicator and since the purchaser of Exhibit A1 property is Indian Oil Corporation, and the reference court having safely relied on the said aspect, we do not find any merit in the appeal. The application for condonation of delay and the appeal are accordingly dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No. 555/03 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 555 OF 2003 J U D G M E N T 15.02.2008