IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 LA.App..No. 803 of 2008() ------------------------- LAR.519/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENTS ---------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT: CLAIMANT --------------------- MADHULAL, S/O.GANGADHARAN, MANJINTTAZHIKATHU VEEDU, MANGADU, KOLLAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 803 OF 2008 & C.M. APPLICATION NO.900 OF 2008 ---------------------------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.900 of 2008 is an application to condone the delay of 912 days in filing the appeal. The State of Kerala is the appellant. The appeal is directed against the judgment and decree in L.A.R. No.519 of 1997 on the file of the Additional Sub Court, Kollam. 2. An extent of 1.60 Ares of land was acquired for the purpose of N.H. Bye pass. Section 4(1) notification is dated 1.10.1992. The Land Acquisition Officer fixed land value at the rate of Rs.10,020/- per Are. On reference, the court below refixed the land value at Rs.22,450/- per Are. Hence, this appeal. 3. According to the learned Government Pleader, the land value fixed by the Land Acquisition Officer is fair and reasonable and represents the market value of the acquired property as on the date of Section 4(1) L.A.A.NO.803/2008 2 notification and hence, there was no reason to revise the said rate. He also contended that placing reliance on Ext.A2 judgment in the absence of any evidence to show the similarity and comparability of the property covered by Ext.A2 with the acquired land is illegal. 4. According to the claimant, the acquired property lies in an important locality about 200 metres north of Mangadu junction where market, Mangadu Service Co-operative Bank, school, hospital and other public institutions are situated. He claimed Rs.35,000/- per cent. In support of his claim, PW.1 was examined and Exts.A1 and A2 were marked. The respondent did not adduce any evidence, either oral or documentary. Ext.A2 is the certified copy of the judgment in L.A.R. No.64 of 1996. The date of notification in that case is 7.10.1992. The Land Acquisition Officer fixed land value at the rate of Rs.11,022/- per Are for the property covered by Ext.A2 which was enhanced to Rs.24,700/- per Are by the reference court. The reference court on evidence concluded that the property covered by Ext.A2 is almost similar and comparable to the acquired land and fixed land value at the rate of Rs.22,450/- per Are. We are of the view that the above fixation is very moderate and reasonable and calls for no L.A.A.NO.803/2008 3 interference. We also find that no sufficient ground is made out to condone the delay in filing the appeal. The appeal and the application for condonation of delay are accordingly dismissed. I.A. No.1869 of 2008 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.803/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 803/2008 JUDGMENT 27th August, 2008 L.A.A.NO.803/2008 5