IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1170 of 2005()
1. STATE OF KERALA,
... Petitioner
Vs
1. BHASKARAN (MUKTHIYAR HOLDER),
... Respondent
2. THE DEPUTY GENERAL MANAGER,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/09/2008
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
........................................................................
L.A.A.NO. 1170 OF 2005 &
C.M. APPLICATION No. 1627 OF 2005
.........................................................................
Dated this the 16th September, 2008
J U D G M E N T
Kurian Joseph, J:
C.M. APPLICATION No. 1627 of 2005:
This is an application for condonation of delay in filing the appeal. On merits, it
is seen that the appeal is at the instance of the State. The acquisition is for NTPC. The
extent of land involved is 6.90 Ares of dry land. The Land Acquisition Officer fixed the
land value at Rs.9287/- per Are. The Reference Court fixed the land value at Rs.
20,000/- per Are. It is not in dispute that in cases where enhancement of land value is
upto 150% for dry land, the requisitioning authority has not pursued the matter in
appeal. Therefore, it is not necessary to condone the delay and consider the appeal
on merits. Accordingly, the application for condonation of delay is dismissed.
L.A.A.No. 1170 OF 2005:
Consequent on the dismissal of the application for condonation of delay in filing
the appeal, the appeal is also dismissed.
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
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