IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 LA.App..No. 139 of 2006(D) -------------------------- LAR.14/1999 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADERSMT. K.R. DEEPA RESPONDENT: CLAIMANT. ---------------------- N.P.SEENATH BEEVI, S.P.COTTAGE, AZHOOR, CHIRAYINKEEZH. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 139 OF 2006 & C.M. APPLICATION NO.171 OF 2006 ---------------------------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Kurian Joseph, J. C.M. Application No.171 of 2006 is an application to condone the delay of 802 days in filing the appeal. The acquisition is for doubling the railway line at Azhoor Village. The reference court found that there was no justification for the Land Acquisition Officer in not having even referred to Ext.A1 sale deed. The dissimilarity is only with regard to road frontage. No doubt, the property covered by Ext.A1 is a better property. In view of those disadvantages, the reference court has fixed only 50% of the land value fixed in Ext.A1. Section 4(1) notification in the case of the acquired land was published in October, 1995 whereas for the property covered by Ext.A1 Section 4(1) notification was published in August, 1995. The extent involved is 4.70 Ares. In such circumstances, we are of the view that the fixation of land L.A.A.NO.139/2006 2 value is just and proper. Therefore, the application and the appeal are dismissed. I.A. No.310 of 2006 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.139/2006 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 28th JANUARY, 2008