IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 LA.App..No. 1237 of 2008() -------------------------- LAR.5/1996 of SUB COURT, PALA .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. RESPONDENTS: CLAIMANT --------------------- ABRAHAM ABRAHAM, KAITHAKKAL, MONIPPALLY, MONIPALLY VILLAGE, MEENACHIL TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. No.1237 of 2008 ---------------------------------------------- Dated 30th July, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.1283/08 : This is an application for condonation of delay of 1018 days in filing the appeal. The affidavit does not give any reason for the delay, let alone a justifiable reason. The appeal is directed against the judgment and decree in LAR 5/96 on the file of the Sub Court, Pala. The acquisition is for the purpose of Muvattupuzha Valley Irrigation Project. The extent involved is only 11.20 Ares. The enhancement is only at the rate of Rs.4,250/- per Are over and above the land value awarded by the Land Acquisition Officer . It is seen from paragraph 8 of the judgment that the Land Acquisition Officer had fixed the land value at Rs.8,276/- per Are. If that be so, the enhancement is only below 50%. In several cases pertaining to MVIP, this court has sustained the enhancement upto 65%. Therefore, there is no reason to condone the delay. The delay petition as well as the appeal are LAA 1237/08 2 dismissed. I.A.No.2744/08 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. No.1237 of 2008 ---------------------------------------------- J U D G M E N T Dated 30th July, 2008.