IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 LA.App..No. 262 of 2007(Y) -------------------------- LAR.274/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT: APPELLANT. --------------------- STATE OF KEALA REPRESENTED BY THE DISTRICT COLLECTOR, ALPPUZHA. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANTS. ----------------------- 1. NARAYANAPILLAI, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. (DIED). 2. JANAMMAL, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 3. J.SANTHAMMA, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 4. J.SANTHIAMMA, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 5. J.RAMANI, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 6. J.LALITHAMMA, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 7. N.GOPALAKRISHNA PILLAI, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 8. N.RADHAKRISHNA PILLAI, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. 9. J.KRISHNAKUMARI, SANKARAMPARAMBIL, THATHAMMUNNA MURIYIL,NOORANADU. BY ADV. SRI.K.SASIKUMAR FOR R.7 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, ALONG WITH LAA 953/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. Nos.262 & 953 of 2007 ---------------------------------------------- Dated 7th August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application Nos.368/07 in LAA 262/07 & 1089/07 in LAA 953/07 : These are applications for condonation of delay in filing the appeals. The appeals are filed by the State aggrieved by the fixation of land value in LAR Nos.274 and 379 of 2002 respectively on the file of the Sub Court, Alappuzha. The acquisition is for the purpose of Kallada Irrigation Project. Section 4(1) notification was issued on 19.8.1982. It is seen that the fixation of land value at the rate of Rs.15,561/- per Are by the reference court is based on Ext.A1 document in LAR 36/91. On the basis of the unchallenged evidence in the case, the court has come to the conclusion that the property covered by Ext.A1 and the acquired land in both cases are situated in the same survey number and the Land Acquisition Officer had fixed the same land value. It is also not in dispute that the acquired properties had the same road access. Yet with all these, the reference court has fixed only 90% of the value of the property covered by Ext.A1, in the present cases on the ground that the property covered by LAA NOS.262 & 953/07 2 Ext.A1 is situated in a junction. There is no evidence for the respondents. The land value fixed in LAR 36/91 (Ext.A1) has become final, since there is no appeal. In the above circumstances, we do not find any reason to interfere with the value fixed by the reference court. The contention of the learned Government Pleader that one of the parties had died at the time of the award, need not also be considered since the same is inconsequential as the interests of the parties have otherwise been safeguarded by the other parties. We also find that there is no satisfactory explanation for the inordinate delay. For all the above reasons, the delay petitions as well as the appeals are dismissed. The stay petitions in the appeals are also dismissed. I.A.4021/07 in LAA 262/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.262 & 953 of 2007 ---------------------------------------------- J U D G M E N T Dated 7th August, 2008.