IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 LA.App..No. 882 of 2004() ------------------------- LAR.15/1995 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.K.U.MANOJ KUMAR RESPONDENTS: CLAIMANTS: ------------------------------------------- K.SARATH CHANDRAN, KRISHNA HARI, PEROORKADA, TRIVANDRUM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------- L.A.A.No.882 of 2004 & C.M.Appl.No.1689 of 2004 ------------------------------------------- Dated this the 17th day of January, 2008 JUDGMENT Kurian Joseph, J. C.M.Appl.No.1689 of 2004 This is an application for condonation of delay of 191 days in filing the appeal. On merits, it is seen that the acquisition is for the purpose of Indian Oil Corporation. The reference court has relied on the judgment Ext.A3 and fixed the land value at Rs.11,398/- per are against the fixation of land value by the Land Acquisition Officer at Rs.4,335/- per Are. It is seen from the judgment that the fixation thus made is based on the value shown in the document executed in the year 1992 whereas Section 4(1) notification is in 1993. On proper evidence, it has been established that the acquired property is having more potential than Ext.A3 since the acquired property is on the side of a PWD road. There is no contra evidence for the respondents. Since the fixation thus made is just, proper and reasonable, there is no merit in the appeal. The application for condonation of delay and the appeal are dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE csl