IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 LA.App..No. 1672 of 2008() -------------------------- LAR.109/2002 of SUB COURT, CHERTHALA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- KERALA STATE INDUSTRIAL DEVELO0PMENT CORPORATION KOWDIAR P.O., THIRUVANANTHAPURAM BY ITS AUTHORIZED OFFICER GEOGI GEORGE MANAGING DIRECTOR. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN RESPONDENT(S): 1ST RESPONDENT & CLAIMANT ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. SARASAMMA, MANIMANDIRATHIL, KODAMTHURUTHU, CHERTHALA. GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.1672 of 2008 ---------------------------------------------- Dated 23rd September, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.1766/08 : Representation delay condoned. C.M.Application No.1765/08 : There is a delay of 45 days in filing the appeal. On merits it is seen that the acquisition is for Industrial Growth Centre, Cherthala. Though the claimant sought to place reliance on Ext.A2 series of judgments in LAR 116/03 and connected cases, the reference court, on the ground that the said judgment had not become final, did not entertain the request. However, the land value was independently considered. In view of the locational advantages of the property and in view of the land value awarded in connected matters, 25% enhancement over and above the land value fixed by the Land Acquisition Officer was given for both wet land and dry land. It is seen that the same is based on the evidence available on record. More over, the land value fixed in Ext.A2 judgment has become final and all connected appeals have been dismissed also. Thus it is LAA NO.1672/08 2 not necessary to condone the delay. The delay petition and the appeal are dismissed. I.A.No. 3826/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.1672 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2008.