IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 LA.App..No. 185 of 2008() ------------------------- LAR.58/2003 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANT --------------------- 1. JAMES, KURIYASSU VEETTIL, KATTAMPAKKU KARA, NJEEZHOOR VILLAGE. 2. MARY, W/O.JAMES, KURIYASSU VEETTIL, KATTAMPAKKU KARA, NJEEZHOOR VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.185 of 2008 & C.M.Appln.No.172 of 2008 ----------------------------------------- Dated this the 29th day of January, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.172 of 2008 is an application for condonation of delay of 350 days in filing the appeal. 2. The appeal is filed against the judgment and decree in L.A.R.No.58/2003 on the file of the sub Court, Kottayam. The acquisition is for the purpose of Muvattupuzha Valley Irrigation Project. 3. It is seen that the enhancement is only at 60% over and above the land value fixed by the Land Acquisition Officer. It is brought to our notice that in several cases this Court has sustained such fixation by granting enhancement at the rate of 60%. Therefore, the appeal and the delay condonation petition filed by the State are dismissed. I.A.No.353/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.185 of 2008 & C.M.Appln.No.172 of 2008 ---------------------------- JUDGMENT 29th January, 2008