High Court Kerala High Court

The State Of Kerala vs K.J.Benjamine on 11 November, 2008

Kerala High Court
The State Of Kerala vs K.J.Benjamine on 11 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 2042 of 2008()


1. THE STATE OF KERALA.
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER, MVIP DIVISION

                        Vs



1. K.J.BENJAMINE, S/O.JOSEPH, KARAKKATTU,
                       ...       Respondent

2. P.C.SASAMMA, W/O.K.J.BENJAMINE,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :11/11/2008

 O R D E R
               KURIAN JOSEPH & K.T.SANKARAN, JJ.
           -------------------------------------------------------------
                       L.A.A. NO. 2042 OF 2008
                                      and
                     C.M.APPL.NO.2091 OF 2008
           -------------------------------------------------------------
                 Dated this the 11th November, 2008


                               JUDGMENT

Kurian Joseph, J.

C.M.Appl.No.2091 of 2008 is an application for condonation

of the delay of 76 days in filing the appeal. On merits, the appeal is

directed against the judgment and decree in LAR.No.252 of 2006,

on the file of the Sub Court, Muvattupuzha. The acquisition is for

the purpose of Muvattupuzha Valley Irrigation Project. The extent

involved is only 14.60 Ares. The enhancement is only at the rate of

Rs.3,600/- per Are over and above the land value awarded by the

Land Acquisition Officer. It is seen from the judgment that the

Land Acquisition Officer had fixed the land value at Rs.10,800/-

per Are. If that be so, the enhancement is only about 35%. In

several cases pertaining to MVIP, this court has sustained the

enhancement upto 65%. Therefore, there is no reason to condone

the delay. The petition for condoning the delay in filing the

appeal, C.M.Appl.No.2091 of 2008, is therefore dismissed.

L.A.A. NO.2042 OF 2008

:: 2 ::

2. Consequent to the dismissal of the application for

condonation of delay in filing the appeal, the appeal is dismissed.

The interlocutory application for stay, I.A.No.4553 of 2008, is

also dismissed.

(KURIAN JOSEPH)
Judge

(K.T.SANKARAN)
Judge
ahz/