IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 LA.App..No. 813 of 2006() ------------------------- LAR.48/1999 of SUB COURT,ATTINGAL .................... APPELLANT: RESPONDENTNO.1: --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENTS: CLAIMANTS & RESPONDENT NO.2: ---------------------- 1. C.VALSAMMA, D/O.SUMATHIKUTTY AMMA, GOWREE SANKARAN MADAM, SARKARA, CHIRAYINKIL, THIRUVANANTHAPURAM. 2. B.MOHANKUMAR, S/O.BHASKARAN PILLAI, OF DO. DO. DO. 3. DEPUTY CHIEF ENGINEER, CONSTRUCTIONS, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVIG COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 813 OF 2006 & C.M. APPLICATION NO. 1380 OF 2006 ---------------------------------------------------------------- Dated this the 2nd day of April, 2008 JUDGMENT Kurian Joseph, J. C.M. Application No.1380 of 2006 is an application to condone the delay of 429 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R. No.48 of 1999 on the file of the Sub Court, Attingal. On merits it is seen that the acquisition is for the purpose of doubling the railway line. Enhancement is only upto the tune of 31%. The extent involved is 0.85 Ares. It is further seen from the judgment itself that the enhancement is based on the evidence of AW.1 to the effect that the acquired property is situated near to Sarkara temple and the reduction of 20% from the basic document was not justified. The basic document, Ext.R3, revealed that the land value is Rs.36,000/- per cent. That document is dated 30.8.1995. In view of the time lag between the date of execution of the basic document and the date of notification, 4% increase was given by the Land Acquisition Officer. L.A.A.NO. 813/2006 2 2. Thus, on an overall appreciation of the evidence, the land value has been fixed at Rs.37,440/- per cent. The fixation of land value being based on evidence and in the absence of any contra evidence, we do not find any merit in the appeal. Accordingly, the application and the appeal are dismissed. I.A. No.4628 of 2006 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO. 813/2006 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.813/2006 JUDGMENT 2nd April, 2008