IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 LA.App..No. 1296 of 2008(D) --------------------------- LAR.23/1998 of SUB COURT, SULTHAN BATHERY APPELLANT/RESPONDENT: ----------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, WAYANAD, (SPL.TAHSILDAR, LA-II, KRP &BSIP, KALPETTA). BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR RESPONDENTS/CLAIMANTS: 1. ACHAPPAN 2. JANAKI 3. KELU 4. KEERAMMA 5. PARVATHY 6. BALAN 7. KUNJIRAMAN 8. RAJAN 9. SURENDRAN 10. LAKSHMANAN 11. SANTHA. A.R.KELU, S/O.CHERIYA RAMAN, ANERI MUKATH.PO., MADAKKIMALA(FOR HIMSELF AND POWER OF ATTORNEY HOLDER OF 10 OTHERS). BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1296 OF 2008 & C.M. APPLICATION NO.1351 OF 2008 ---------------------------------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application No.1351 of 2008 is an application to condone the delay of 890 days in filing the appeal. The appeal is filed by the State of Kerala challenging the decree and judgment in L.A.R. No.23 of 1998 on the file of the Sub Court, Sulthan Bathery. 2. The extent of land acquired is 0.3670 hectres of wet land and 0.0430 hectres of dry land in Kottathara Village. Acquisition is for the purpose of Karapuzha Irrigation Project as per notification last published on 27.6.1994. Dissatisfied with the land value fixed by the appellant, the claimants sought reference. The reference court granted enhancement of compensation with statutory benefits. The evidence in the case consists of the oral evidence of AWs.1 and 2 and Exts.A1 to A5 on the side of the claimants and Exts.R1 to R4 on the side of the respondent. Exts.C1 and C1(a) are respectively the report and sketch submitted by the L.A.A.NO.1296/2008 2 Commissioner. 3. According to the claimants, the acquired property (wet land) is situated on the side of Mananthavady road. It has come out in evidence that the said road is a busy road with heavy traffic and it is also a bus route. Several commercial establishments, telephone exchange etc. are situated very near to the acquired land. Therefore, the reference court held that the acquired land was a commercially important place. The Commissioner in Ext.C1 reported about the locational importance of the property. The reference court also found on the basis of Ext.C1 report that the acquired land is situated about 750 metres from Kambalakkadu town. The Commissioner also reported that the acquired land and the land covered by Ext.A5 are similar and similarly situated. 4. The Land Acquisition Officer fixed land value at the rate of Rs.790.64 per cent for the wet land. Considering the importance of the locality and the consideration shown in Ext.A5, the reference court refixed the land value at Rs.1,500/- per cent. In respect of the dry land, the Land Acquisition Officer fixed land value at the rate of Rs.1,580/- per cent which was found to be just and fair by the reference court. We find that the fixation of land value for the wet land at Rs.1,500/- per cent on the L.A.A.NO.1296/2008 3 basis of the materials on record is just and reasonable. No grounds are made out by the appellant to take a different view from the one taken by the reference court. The appeal, therefore, fails. Accordingly, the appeal and the application for condonation of delay are dismissed. I.A. No.2896 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.1296/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1296/2008 JUDGMENT 30th July, 2008