IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 LA.App..No. 1239 of 2008(D) --------------------------- LAR.443/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENTS: CLAIMANTS --------------------- 1. BASHEER, CHAVARIKUZHI HOUSE, THEKKUMBHAGOM, PARAVOOR. 2. SHEREEFA, CHAVARIKUZHI HOUSE, THEKKUMBHAGOM, PARAVOOR. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1239 OF 2008 & C.M. APPLICATION NO.1285 OF 2008 ---------------------------------------------------------------- Dated this the 5th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.1285 of 2008 is an application to condone the delay of 872 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. 443 of 1997 on the file of the Additional Sub Court, Kollam. 2. The extent of land acquired is 2.45 Ares in R.S. Nos. 536/40, 41 and 42 of Kottappuram Village. Acquisition is for the purpose of widening the road from Paravoor Kambolam to Thoppil landing. Section 4(1) notification is dated 18.3.1998. The Land Acquisition Officer fixed land value at the rate of Rs.19,365/- per Are. On reference, the court below enhanced the land value at Rs.49,400/- per Are and hence this appeal. L.A.A.NO.1239/2008 2 3. The evidence in the case consists of the oral evidence of PW.1 and Exts.A1and A2. The respondent did not adduce any evidence, either oral or documentary. Exts.A1 and A2 are copies of sale deeds produced by the claimants in support of their case for enhanced compensation. Both the above documents are post notification sale deeds. The reference court on comparison found that the properties covered by Exts.A1 and A2 are more important than the acquired property and those documents cannot be made the basis for granting enhancement for the acquired land. At the same time, the reference court considered the nature of acquisition and the nearness of public and commercial institutions to the acquired land and fixed the land value at Rs.49,400/- per Are. Considering the fact that the land acquired is only a small extent of 2.45 Ares and the locational importance of the land, we are of the view that the fixation of land value at Rs.49,400/- per Are based on evidence available on record is not excessive or exorbitant, but adequate and reasonable. The impugned judgment, therefore, requires no interference. We also find that there are no sufficient reasons for condoning the delay in filing the appeal. The appeal and the application for condonation of delay are L.A.A.NO.1239/2008 3 accordingly dismissed. I.A. No.2746 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.1239/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1239/2008 JUDGMENT 5th August, 2008 L.A.A.NO.1239/2008 5