IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 336 of 2006() ------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 15 2003 IN LAR.15/2003 of SUB COURT, VADAKARA .................... APPELLANT: RESPONDENTS: ----------------------- 1. THE SPECIAL TAHSILDAR (LA), NH.I, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL RESPONDENTS: CLAIMANTS: ----------------------- 1. M.T. NANI, D/O. LATE MANICKAM AND LATE KANARAN, MANNIL THAZHA HOUSE, CHORODE AMSOM, ERAPURAM DEOSM, P.O. CHORODE, PIN-673 106, VATAKARA TALUK. 2. M.T. DEVI, D/O. LATE MANICKAM AND LATE KANARAN, MANNIL THAZHA HOUSE, CHORODE AMSOM P.O.CHORODE, PIN-673 106, VATAKARA TALUK. 3. M.T. LEELA, D/O. LATE KUNHIMATHA, D/O LATE MANICKAM AND LATE KANARAN, MANNIL THAZHA HOUSE, CHORODE AMSOM, ERAPURAM DESOM, P.O. CHORODE, PIN-673 106, VATAKARA TALUK. 4. M.T. ANEESH, SO. LATE KUNHIMATHA D/O. LATE MANICKAM AND LATE KANARAN, MANNIL THAZHA HOUSE, CHORODE AMSOM ERAPURAM DESOM, P.O. CHORODE, PIN-673 106, VATAKARA TALUK. 5. M.T. RAGHAVAN, S/O. LATE KANARAN, MANNIL THAAZHA HOUSE, CHORODE AMSOM ERAPURAM DESOM, P.O. CHORODE, PIN-673 106, VATAKARA TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.336 of 2006 & C.M.Appln.No.479 of 2006 ----------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.479 of 2006 is an application for condoning the delay of 61 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.15/2003 on the file of the Sub Court, Vadakara. The acquisition is for the purpose of railway over bridge. The extent involved is 1.6796 cents. The Land Acquisition Officer fixed land value at Rs.7,900/- per cent. The reference court refixed the same at Rs.25,000/- per cent. On behalf of the claimant Ext.A1 document was produced and they also took out a commission and the report of the commission is marked as Ext.X1. The claimant was examined as AW1. There is no evidence at all, either oral or documentary, on behalf of the respondents. Though the reference court observed that the acquired property is not similar to the property covered by Ext.A1 document, the court took note of the fact that though the property is abutting L.A.A.No.336 of 2006 -:2:- the National Highway, the property is a little away from Vadakara town and Chorode Junction. However, the locational importance of the acquired property was established to the effect that the same was fit for commercial shops and establishments. In view of the locational importance of the acquired property the land value was fixed at Rs.25,000/- per cent. It may be seen that in L.A.R.No.24/2003, covered by the common judgment, in view of the comparative better advantages the land value was fixed at Rs.30,000/- per cent. Thus the fixation being on evidence available on record and the same being justified on facts, there is no merit in the appeal. Therefore, the application for condoning the delay and the appeal are accordingly dismissed. I.A.No.1069/2006 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.336 of 2006 ---------------------------- JUDGMENT 26th February, 2008