IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 LA.App..No. 1418 of 2008(D) --------------------------- LAR.313/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: ----------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. RESPONDENTS: ------------- LEKSHMI AMMA SUMATHI AMMA NEDIYAVILA PUTHEN VEEDU,CHITTAYAM, PANAYAM VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1418 of 2008 & C.M.Appln.No.1475 of 2008 ----------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1475 of 2008 : This is a petition for condonation of delay of 924 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.313/1997 on the file of the Sub Court, Kollam. On merits it is seen that the acquisition is for the purpose of doubling of railway track between Kollam and Kayamkulam. The Land Acquisition Officer fixed land value at Rs.6,293/- per Are and the reference court fixed it at Rs.14,820/- per Are. Though the claimants sought to rely on Ext.A1 judgment in L.A.R. No.105/1995 and Ext.A2 document, the reference court found that Ext.A1 relates to acquisition during 1986 wherein the land value fixed by the court was Rs.18,525/- per Are and in Ext.A2 the documented value was Rs.60,000/- for an extent of 8 cents of property. Ext.A2 was discarded on the ground that no separate value was shown for the building. Though the court L.A.A.No.1418 of 2008 -:2:- observed that no evidence was available to prove that the property covered by Ext.A1 and the acquired property were similar and similarly situated, taking note of the evidence regarding the proximity of the acquired property to the public offices and the purpose of acquisition, land value was fixed at Rs.14,820/- per are. It is brought to our notice that in connected cases the same land value has been sustained by this court. It is also seen that there is no evidence for the respondent. The reference court having thus fixed the land value on the basis of the unchallenged evidence, it is not necessary to condone the delay of 924 days in filing the appeal. Therefore, the application and the appeal are dismissed. I.A.No.3164/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1418 of 2008 & C.M.Appln.No.1475 of 2008 ---------------------------- JUDGMENT 6th August, 2008