IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 LA.App. No. 975 of 2005 ----------------------------- LAR.81/1999 of SUB COURT,ATTINGAL .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN. RESPONDENTS/CLAIMANTS: --------------------------------- 1. G.DEVADASAN, OMANA VILASOM, NEAR RAILWAY STATION, CHIRAYINKEEZH. 2. OMANA, W/O.DEVADASAN, D/O.G.DEVADASAN, OMANA VILASOM, NEAR RAILWAY STATION, CHIRAYINKEEZH. BY ADV. SRI. K.C. ELDHO THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 1O/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.975 OF 2005 & C.M.Appln.No.1364 OF 2005 ---------------------------------------------- Dated this the 10th day of March, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1364/2005: This is an application to condone the delay of 646 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.81/1999 on the file of the Sub Court, Attingal. Acquisition is for the purpose of doubling of railway line. The enhancement is only 25%. It is not in dispute that in several cases such enhancement has been sustained by this Court. That apart it is seen that the enhancement is given based on the evidence tendered by the claimants. Therefore, the application for condonation of delay and the appeal are dismissed. I.A.No.2801/2005: Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. smp