IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 LA.App..No. 1527 of 2005() -------------------------- LAR.428/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, L.A. OECF, KOZHIKODE. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. RESPONDENTS: CLAIMANTS & 2ND RESPONDENT. ---------------------------------------- 1. IMBICHAYISHA UMMA (DIED). 2. POTAYIL ALIKOYA, S/O.IMBICHAYIZHA UMMA, POTTAYIL HOUSE, VENGERI AMSOM, VARADOOR DESOM. 3. THE PROJECT OFFICER (OECF), KERALA WATER AUTHORITY, KOZHIKODE. BY ADV. SRI.BABU VARGHESE, SC, KWA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, ALONG WITH LAA 352/06 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. Nos.1527/05, 352/06, 564/07 & 746/2007 ---------------------------------------------- Dated 24th July, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application Nos.2079/05 in LAA 1527/05, 520/06 in LAA 352/06, 708/07 in LAA 564/07, 892/07 in LAA 746/07: These are applications for condonation of delay in filing the appeals by the acquisitioning authority. The appeals are directed against the judgment and decree in LAR No.420/2000 and connected cases on the file of the Sub Court, Kozhikode. The acquisition is at the instance of OECF, Kozhikode, for the purpose of laying pipeline and construction of water tank. Section 4(1) notification was published on 10.6.1998. The properties are situated in Vengeri village. The Land Acquisition Officer awarded land value at Rs.3,584/- per cent for wet land. The reference court fixed the land value at Rs.9,000/- per cent for the wet land covered by LAR 422/2000, Rs.25,000/- per cent for the garden land covered by LAR 423/2000 and Rs.30,000/- per cent for the garden land covered by LAR 424/2000 and 428/2000. 2. The fixation made by the reference court is based LAA Nos.1527/05 & connected cases 2 on the evidence available on record. It was found by the court that in LAR 390/2000 (Ext.A3), the land value fixed was at Rs.40,000/- per cent. But that acquisition is in respect of property situated near Calicut-Wayanad road at Paroppadi Junction. Though there was a claim for the same land value, the reference court found that the potential value of the acquired properties and the properties covered by Exts.A2 and A3 cannot be said to be similar. However, it was found that Exts.A2 and A3 documents would give an indication as to the land value prevailing in the locality. Therefore, taking note of the advantage of direct road access, the reference court fixed Rs.30,000/- per cent for garden land covered by LAR 424/2000 and LAR 428/2000. Rs.25,000/- per cent was fixed for the garden land covered by LAR 423/2000, which had no direct road access. A proportionate reduction in cost for filling and levelling was made for wet land and the value was fixed at Rs.9,000/- per cent. There is no evidence for the respondents. The locational advantages and importance of the locality was also noted by the Commission. All that apart, it is seen that of the six cases covered by the common judgment, LAA Nos.1527/05 & connected cases 3 there is no appeal against the judgment and decree in LAR 420 and 421 of 2000. For all the above reasons, we do not find it necessary to condone the gross delay in filing the appeals. It is also to be noted that the affidavits do not contain satisfactory explanation for the delay. The delay petitions as well as the appeals are hence dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.1527/05, 352/06, 564/07 & 746/2007 ---------------------------------------------- J U D G M E N T Dated 24th July, 2008.