IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 660 of 2008(D) -------------------------- LAR.275/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT: RESPONDENTS ---------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, THALASSERY. 2. THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KANNUR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANT --------------------- T.P.VINOD KUMAR, S/O.ONAKKAN, PADMASADAN, P.O.THOTTADA, CHALA, KANNUR. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SMT.V.A.SARITHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. No.660 of 2008 ---------------------------------------------- Dated 19th August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.722/08 : This is a petition to condone the delay of 154 days in filing the appeal. The appeal is directed against the judgment and decree in LAR 275/03 on the file of the Sub Court, Thalassery. The acquisition is for the purpose of Chovva-Nadal bye pass road. Section 4(1) notification was issued on 1.11.1997. The reference court has fixed the land value at the rate of Rs.10,000/- per cent. Though the claimant sought reliance on Ext.A4 judgment in LAR 143/01, the reference court found that the property is not similarly situated. In LAR 52/04 and connected cases, the land value fixed is Rs.15,000/- per cent. There also, the court found that there was no evidence regarding the similarity and comparability of the property. However, it was found that the acquired property is abutting the State Highway and the value was fixed at Rs.4,000/- per cent. There is no contra evidence. Since the fixation thus made by the court based on the evidence available on record and since the total enhancement LAA NO.660/08 2 comes only to Rs.44,083/- and the extent being only 4.46 Ares, we do not find any reason to condone the delay. The delay petition as well as the appeal are dismissed. I.A.No.1513/08 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. No.660 of 2008 ---------------------------------------------- J U D G M E N T Dated 19th August, 2008.