IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 LA.App.No. 8 of 2008 -------------------------- LAR.86/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: ------------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR. RESPONDENTS/CLAIMANTS: --------------------------------- 1. S. SUKUMARAN, S/O.SUBRAMONIAN, SUKUMAR SADANAM, KOCHUVELI, THIRUVANANTHAPURAM. 2. VIJAYAMMA SUKUMARAN, W/O.SUBRAMONIAN, SUKUMAR SADANAM, KOCHUVELI, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 8 OF 2008 & C.M. Appln. No. 7 OF 2008 ----------------------------------------- Dated this the 9th day of January, 2008. J U D G M E N T Kurian Joseph, J. C.M. Appln. No. 7/08 This is a petition to condone the delay of 329 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R. No.86/2003 on the file of the I Additional Sub Court, Thiruvananthapuram. Acquisition pertains to Veli Amusement Park. 2. An extent of 29.15 Ares of land was acquired pursuant to Section 4(1) notification dated 01.03.2000. Land Acquisition Officer fixed the land value at the rate of Rs.70,387/- per Are for 17.15 Ares and Rs.49,227/- per Are for 12 Ares. The reference court fixed the land value at the rate of Rs.1,00,000/- per Are. 3. It is seen from the judgment that the reference court has taken a view that there was no justification for the reduction from the value in the basic document, Exhibit R2. It was also L.A.A. No. 8/08 2 noted by the reference court that in view of the lie and location of the property, there was no point in differentiating the land into two categories. It is significant to note that the claimants had in fact made a claim for land value to the tune of Rs.2,00,000/- per cent. Still further it was found by the reference court that even according to the Land Acquisition Officer, the acquired property was having similar features with that of the basic land. In that view of the matter, we do not find any merit in the appeal. Therefore, the application for condonation of delay and the appeal are dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp