IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 985 of 2001() ------------------------- LAR.233/1997 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT: ----------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. RESPONDENTS: ------------- SMT.ALEYKUTTY, W/O.SIMON PARAPPURATHU, KURAVILANGAD. BY ADV. SRI.RAJEEV V.KURUP THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.985 OF 2001 ---------------------------------------------- Dated 3rd January, 2008. J U D G M E N T Kurian Joseph, J. C.M.P.No.4999/01 : This is a petition to condone the delay of 236 days in filing the appeal. The appeal is directed against the judgment and decree in LAR 233/97 on the file of the Sub Court, Kottayam. The acquisition is for Moovattupuzha Valley Irrigation Project. The reference court fixed the land value at Rs.12,350/- per Are as against the fixation made by the Land Acquisition Officer at the rate of Rs.3,262/- per Are. The property was included in category V wet land. But, it is seen from the judgment itself that the property was having PWD road access and it was dry land. In cases where the acquired properties were dry lands and which had Panchayat road access, the Land Acquisition Officer himself had awarded Rs.12,232/- per Are. The property involved in this case is only 7.95 Ares. Therefore, we do not find any reason to condone the delay and consider the appeal on merits. LAA NO.985/01 2 Accordingly, the delay petition as well as the appeal are dismissed. I.A.9658/04 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO.985 OF 2001 ---------------------------------------------- J U D G M E N T Dated 3rd January, 2008.