IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 LA.App.No.1258 of 2007(D) ---------------------------------- LAR.145/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. RESPONDENT/CLAIMANT & ADDL.RESPONDENT NO.2: -------------------------------- 1. S.SOMAN, PERUMBADA SHAJI, ATTINKUZY, ATTIPRA, KAZHAKUTTOM-MENAM VILLAGE. 2. ELECTRONICS TECHNOLOGY PARKS (KERALA). KARIAVATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SAJESH KUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 1258 OF 2007 & C.M.Appln.No.1470 OF 2007 ----------------------------------------- Dated this the 14th day of July, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1470/2007: This is an application to condone the delay of 1132 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.145/1998 on the file of II Additional Sub Court, Thiruvananthapuram. 2. Acquisition is for the purpose of Electronic Techno park at Trivandrum. The extent involved is 11.5 Ares in Attipra village. Section 4(1) notification is dated 05.04.1994. Land Acquisition Officer fixed the land value at the rate of Rs.39,866/- per Are. The reference court, despite the report of the Advocate Commissioner that the land value is Rs.50,000/- per cent in the locality, refused to grant enhancement finding that the land value given by the Land Acquisition Officer is fair and reasonable. Though the claimant also had several claims for shifting, L.A.A. No. 1258/07 2 alternate accommodation etc., same were also not granted, in the absence of evidence. 3. However, based on Exhibit A2 report of the expert Engineer filed in O.S.No.987/1995, the expert was examined before the reference court as AW2. He is an Engineer retired from PWD. According to him, after depreciation, the cost of the building would be Rs.3,23,815/-. In the absence of any contra evidence and even cross examination, the value of the building was fixed at Rs.3,23,815/-. Therefore, deducting the amount already paid by the Land Acquisition Officer, a further amount of Rs.66,377/- was granted by the reference court. In the absence of any contra evidence, we do not find any merit in this appeal. We also find absolutely no satisfactory explanation for the long delay. Therefore, the application for condonation of delay and the appeal are dismissed. I.A.No.3130/2007: Dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE smp L.A.A. No. 1258/07 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 1258 OF 2007 J U D G M E N T 14.07.2008