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. 841 of 2008() ------------------------- LAR.73/1995 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT: CLAIMANT --------------------- ALIKUNJU MYTHEEN KUNJU, KAROOR VEEDU, KANATHARKUNNAM, WEST KALLADA. 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. 841 OF 2008 & C.M. APPLICATION NO.938 OF 2008 ---------------------------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.938 of 2008 is an application to condone the delay of 823 days in filing the appeal. The State of Kerala is the appellant. The appeal is directed against the judgment and decree dated 31.7.2004 in L.A.R. No.73 of 1995 on the file of the Additional Sub Court, Kollam. 2. An extent of 9.50 Ares of land comprised in Survey No.5216/3 of West Kallada Village, Kunnathur Taluk was acquired for the purpose of doubling of railway track. Proceedings were initiated under Section 4(1) notification dated 30.3.1991. The Land Acquisition Officer fixed land value at the rate of Rs.6,951/- per Are. On reference, the court below refixed the land value at Rs.18,549/- per Are. It is contended on behalf of the appellant that the land value fixed by the Land Acquisition Officer is just, fair and reasonable and that it represents the market value of the L.A.A.NO.841/2008 2 acquired property as on the date of Section 4(1) notification. The learned Government pleader also questioned the findings of the reference court based on Ext.A1 judgment in L.A.R. No.187 of 1994. 3. It is the case of the claimant/respondent that the property would have fetched Rs.50,000/- per cent at the time of acquisition and that the Land Acquisition Officer had failed to consider the importance and potentiality of the property. In support of the claim for enhancement, the claimant himself was examined as PW.1 and Exts.A1 to A3 were marked on his side. Ext.B1 was marked on the side of the respondent. The claimant contended that the acquired land has commercial value since it is situated near important institutions like bank. hospital, temple, church etc. The reference court found that the property covered by Ext.A1 is situated very near to the acquired land on the other side of the road at a distance of only 75 metres. Ext.A1 relates to acquisition of 5.45 Ares of property for the purpose of railway. The date of Section 4(1) notification in that case is 6.5.1991. The land value fixed by the Land Acquisition Officer for the property covered by Ext.A1 is Rs.5,701/- per Are and the same was enhanced and refixed by the reference court at Rs.15,213/- per Are. The reference court considered the oral evidence of PW.1 and Ext.A1 and concluded that the acquired land would fetch Rs.18,549/- per Are which is L.A.A.NO.841/2008 3 reasonable and justifiable in the circumstances of the case. The reference court granted enhancement on the basis of Ext.A1 where proportionate enhancement was granted for the property acquired for the same purpose. We find no reason to interfere with the award passed by the reference court. We also find that there is no sufficient reason for condoning the delay in filing the appeal. The appeal and the application for condonation of delay are accordingly dismissed. I.A. No.1915 of 2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.841/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.841/2008 JUDGMENT 27th August, 2008