IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 LA.App..No. 759 of 2008(D) -------------------------- LAR.89/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANTS: RESPONDENTS 1 AND 3 ------------------------------ 1. THE SPECIAL TAHSILDAR, L.A. THRISSUR MUNICIPALITY, THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENTS: CLAIMANTS AND RESPONDENT NO.2 ------------------------------------------ 1. K.SURENDRANATHAN S/O.LATE KALYANIKUTTY AMMA W/O.LATE KUMARA MENON, KIZHAKKEVEETTIL HOUSE CHEMBOTTIL LANE, THRISSUR. 2. K.SUKUMARAN,S/O.LATE KALYANIKUTTY AMMA, W/O.LATE KUMARA MENON KIZHAKKEVEETTIL HOUSE, CHEMBOTTIL LANE, THRISSUR. 3. THRISSUR CORPORATION, THRISSUR. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, J. ---------------------------------------------------------------- C.M. APPLICATION NO. 868 OF 2008 & L.A.A.NO. 759 OF 2008 ---------------------------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Harun-Ul-Rashid J. C.M. Application No.868 of 2008 is an application for condonation of delay of 470 days in filing the appeal. On merits it is seen that the appeal is filed by the State of Kerala challenging the judgment and decree dated 29.3.2006 in L.A.R. No.89 of 2003 on the file of the II Additional Sub Court, Thrissur. 2. A small bit of land having an extent of 0.50 Are was acquired for the purpose of widening of Chembottil road. Section 4(1) notification is dated 8.8.1994. The Land Acquisition Officer awarded Rs.45,201/- per Are. The reference court enhanced and refixed the land value at Rs.1,79,235.22 per Are. The property is situated within Thrissur Municipality in an important part of Thrissur town. Important commercial institutions, namely, Elite Hotel, Ragam theatre, Premier L.A.A.NO.759/2008 2 lodge, Manjunivas lodge, Gurukripa lodge and Bharath hotel are situated very near to the acquired land. Thrissur bus stand and railway station are situated a few yards away from the acquired property. 3. The claimants claim was for Rs.4,00,000/- per cent. They have produced Exts.A1 to A12 and the second claimant was examined as AW.1. The respondents produced Ext.R1 and examined RW.1. Exts.X1 to X6 are marked as court exhibits. The importance of the locality is also narrated in Ext.X1 commission report. Considering the importance of the locality where the acquired land is situated, its potential value and also considering the use to which the acquired property can be put to in future, the market value of the acquired property was refixed by the court below at the rate of Rs.1,79,235.22 per Are. The extent of the property is only 0.50 Are corresponding to 0.0050 hectare. The additional value awarded by the court below amounts to Rs.44,416.61. 4. On going through the oral and documentary evidence and the reasons stated by the court below, we are of the view that the enhancement granted is fair and reasonable. We find no reason to interfere with the award passed by the court below. No sufficient reasons are also stated for condoning the delay in filing the appeal. Hence, C.M. L.A.A.NO.759/2008 3 Application No.868 of 2008 filed for condoning the delay is dismissed. The appeal is accordingly dismissed. I.A. No.1823 of 2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.759/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 759/2008 JUDGMENT 22nd MAY, 2008 L.A.A.NO.759/2008 5