IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 LA.App..No. 850 of 2008 ---------------------------- LAR.80/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/ 1ST RESPONDENT: ----------- STATE OF KERALA,REP.BY DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. RESPONDENTS/ CLAIMANT & 2ND RESPONDENT: ------------- 1. NISHA ROY VARGHESE D/O. DR.ROY VARGHESE, KIDANGIL BAPPUJI NAGAR,PONGUMOOD, MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM. 2. THE CHIEF EXCUTIVE OFFICER ELECTRONICS TECHNOLOGY PARK (KERALA) KARIYAVATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 SRI.K.L.NARASIMHAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No.850 OF 2008 & C.M.Appln.No.945 OF 2008 ----------------------------------------- Dated this the 20th day of August, 2008. J U D G M E N T Harun-Ul-Rashid, J. C.M.Appln.No.945/08: This is an application to condone the delay of 347 days in filing the appeal. The appeal is filed by the State against the judgment and decree in L.A.R.No.80/2000 on the file of the II Additional Sub Court, Thiruvananthapuram. 2. The extent of property acquired is 5.20 Ares of land in Survey No.165/4 of Cheruvakkal village, Thiruvananthapuram Taluk, 64.60 Ares of land in Sy.No.569/6 and 8.40 Ares of land in Sy.No.569/7 of Attippra village, Thiruvananthapuram Taluk (Total extent 78.20 Ares). The properties are included in category numbers 'E', 'N' and 'H'. Acquisition is for the purpose of Eletronics Techno Park. Notification under Section 4(1) of the Land Acquisition Act is dated 02.09.1995. L.A.A. No.850/08 2 3. Land Acquisition Officer awarded land value at the rate of Rs.17,658/- per Are for 'E' category, Rs.15,109/- per Are for 'H' category and Rs.8,766/- per Are for 'N' category. The reference court enhanced the same and refixed it at Rs.30,000/-, Rs.25,000/- and Rs.15,000/- respectively. 4. The claimant in support of the claim for enhanced compensation relied on Exhibits A2 and A3 which are judgments of the same court passed in acquisition of properties for the very same purpose. Exhibit A3 is judgment in L.A.R.No.81/2000 and in that case the property was acquired for the same purpose as per the notification under Section 4(1) dated 02.09.1995. 5. In Exhibit A3 judgment, Land Acquisition Officer categorized the property therein as E, H and N, same categories as in this case. The reference court fixed the land value at the rate of Rs.30,000/-, Rs.25,000/- and Rs.15,000/- respectively in Exhibit A3. The court applied the very same method of fixing the land value, which is no doubt just and reasonable. Therefore, the fixation of land value at the rate fixed by the reference court is not liable to be interfered in appeal. There is no L.A.A. No.850/08 3 merit in this case. Therefore, the application for condonation of delay and the appeal are dismissed. I.A.No.1923/2008: Dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No.850/08 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 850 OF 2008 J U D G M E N T 20.08.2008