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. 852 of 2003 ----------------------------- LAR.51/1995 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: -------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. RESPONDENTS/CLAIMANTS: ---------------------------------- 1. DASAN, S/O. JOVEL NADAR, KIZHAKKUMKARA, PUTHEN VEEDU, ARASU PARAMBU, VATTAPPARA, THIRUVANANTHAPURAM. 2. KAMALA BHAI THANKAM, W/O. DASAN, DO. DO. BY ADV. SRI.V.R.GOPU SRI.G.T.PRADEEP 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. 852 OF 2003 ----------------------------------------- Dated this the 15th day of February, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln. No.248/2003: This is a petition to condone the delay of 617 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.51/1995 on the file of the II Additional Sub Court, Thiruvananthapuram. On merits it is seen that the acquisition is for the purpose of construction of pump house for Urban Water Supply Scheme at Nedumangad. Section 4(1) notification is of the year 1992. 2. The total extent involved in the case is 8.30 Ares. The total compensation fixed by the Land Acquisition Officer was Rs.1,06,170/-. The claimants sought enhancement placing reliance on Exhibit A1 document. The said document is executed on 21.12.1992 whereas Section 4(1) notification is dated 19.05.1992. Hence the reference court was of the view that being a post notification, the value cannot be adopted for the purpose of acquisition. L.A.A. 852/03 2 However, reference was made to Exhibit A1 to make a proper assessment of the land value prevailing in the area and suitably reducing the land value for the period, the value was fixed at Rs.12,350/- per Are (Rs.5,000/- per cent in the place of Rs.3,944/- per cent). Thus the enhancement is only around 30%. It is also seen that the enhancement is justified in view of the road access to the acquired property. There is no contra evidence either for the acquisition authority or for the requisitioning authority. Thus we do not find any merit in the appeal. The application for condonation of delay and the appeal are hence dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 852/03 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 852 OF 2003 J U D G M E N T 15.02.2008