IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 LA.App..No. 319 of 2006() ------------------------- LAR.129/2003 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENT: CLAIMANT --------------------- IBRAHIM, S/O.KUNJUVAVA, VANDAKKEMANAPPURATHU, ADIYAMURI,VADAYAR VILLAGE. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 319 OF 2006 & C.M. APPLICATION NO.436 OF 2006 ---------------------------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Kurian Joseph, J. C.M. Application No.436 of 2006 is an application to condone the delay of 95 days in filing the appeal. On merits it is seen that the acquired property is included in Category No.1, that the acquisition is for construction of Palamkadavu bridge in Chembu-Thalayolaparambu road and that the enhancement is only 60%. On going through the materials as referred to in the judgment, it is seen that the enhancement is based on a finding regarding the importance of the locality, potentiality for development and the lie of the property. Though the court below was not inclined to truly rely on Exts.A1 to A4 documents, it was found from the evidence available on record that the acquired property is abutting the P.W.D. road. It is also in evidence that several public institutions are situated within a radius of one kilometre and that the findings are unchallenged also. In that view of the matter, we are of the view that the enhancement at 60% is just and reasonable. Thus, there is no merit in the L.A.A.NO.319/2006 2 appeal. Accordingly, the application and the appeal are dismissed. I.A. No.957 of 2006 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.319/2006 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 28th JANUARY, 2008