IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 LA.App..No. 80 of 2009(D) ------------------------- LAR.10/2003 of SUB COURT,KOCHI .................... APPELLANT/ RESPONDENT NO.1 --------------------------------------- STATE OF KERALA REP.BY SPL.TAHSILDAR, (LA) GCDA, KOCHI-20. BY SR.GOVERNMENT PLEADER SHRI P.K.BABU RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 --------------------------------------------------------- 1. SULOCHANA, W/O.UDAYAN, AMBALAPARAMBIL, AZHEEKKAL.P.O. 2. GOSHREE ISLANDS DEVELOPMENT, AUTHORITY. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== L.A.A.NO. 80 OF 2009 ============================ DATED THIS THE 21ST DAY OF JANUARY 2009 JUDGMENT Pius C.Kuriakose,J. We do not find any warrant for interfering with the judgment impugned in this case. The acquisition was for construction of GIDA pursuant to Section 4(1) notification published on 2-9-2002. The Land Acquisition Officer awarded the land value at the rate of Rs.1,08,320/- per Are. The evidence before the Reference Court consists of Ext.A1 common judgment in L.A.R.No.7/2003 and 8 other LAR cases, apart from Exts.R1 to R21 and Rws.1 and 2 on the side of the appellant. Having gone through the judgment, we feel that the reliance placed by the learned Subordinate Judge on Ext.A1 judgment was justified. Even otherwise, we are of the view that it is only a reasonable increase which has been given by the Reference Court. The properties are evidently situated in an area where the land L.A.A.NO. 80/2009 2 value had been sky rocketing during the relevant period. The appeal stands dismissed in limine. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks. L.A.A.NO. 80/2009 3 PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== C.M.APPLN. 97/2005 IN L.A.A.NO. 80 OF 2009 ============================ DATED THIS THE 21ST DAY OF JANUARY 2009 ORDER Pius C.Kuriakose,J. The delay is only 91 days. We are inclined to condone the delay even without issuing notice to the respondents/claimants since we find that we will be in a position to decide the appeal itself immediately in favour of the respondents. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks. L.A.A.NO. 80/2009 4