IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 LA.App..No. 149 of 2008() ------------------------- LAR.38/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT --------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, NH NO.I, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, PWD, ROADS AND BRIDGES DIVISION, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: CLAIMANT/RESPONDENT IN THE LAR ------------------------------------------- KOCHURANI PAUL, THATTAKADU VEEDU, KOTHAD P.O., SOUTH CHITTOOR, ERNAKULAM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.149 of 2008 & C.M.Appln.No.140 of 2008 ----------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.140 of 2008: This is an application for condonation of delay of 382 days in filing the appeal. On merits it is seen that the appeal is filed against the common judgment in L.A.R.Nos.34 and 38 of 2005 dated 27-1-2006 on the file of the Sub Court, Ernakulam. The acquisition is for the purpose of formation of approach road to Chittoor-Kothad bridge. The extent involved is only 3 Ares in Kadamakudy Village. The section 4(1) notification is dated 16-11-2002. Though the claimant sought to place reliance on Ext.A1 dated 19-1-2005, in view of the time lag, the reference court refused to rely on the said judgment. However, going through the records of acquisition, it was found that the acquired property was included in category III, which is wet land having frontage of Chittoor-Kothad road. It was also found that the acquired properties were having more importance than the basic document properties. The acquired property had PWD road frontage on the western side and Panchayat road on the northern side whereas the basic document properties did not have frontage to any public road. All that apart, water transport L.A.A.No.149 of 2008 -:2:- facility was also available for the acquired land. In view of the locational advantage when compared to the basic document the reference court found that 25% increase was just and proper. The reference court also found that the basic document was executed on 28-6-2000, that is 2½ years prior to the Section 4(1) notification. Hence on that count 37.5% increase was also given. Accordingly the land value was fixed at Rs.56.373/- per Are. As we have already noted above such fixation is made based on the evidence of RW1 and also on a finding regarding the better advantages to the acquired property when compared to the basic document property. Therefore, we do not find any merit in the appeal. The application for condonation of delay and the appeal are hence dismissed. I.A.No.306/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.149 of 2008 & C.M.Appln.No.140 of 2008 ---------------------------- JUDGMENT 8th July, 2008