IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 1372 of 2007()
1. STATE OF KERALA REPRESENTED BY SPECIAL
... Petitioner
2. THE DISTRICT COLLECTOR,KASARGOD.
Vs
1. R.KRISHNAN,S/O.RAMAN,CHEMBARIKA,
... Respondent
2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :12/11/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 1372 OF 2007
&
C.M. Appl. No. 1593 OF 2007
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Dated this the 12th day of November, 2007.
J U D G M E N T
Kurian Joseph, J.
C.M. Appl. No. 1593/2007
This is a petition to condone the delay of 908 days in filing
the appeal. On merits it is seen that the appeal is filed against
the judgment and decree in L.A.R. No. 90/2001 on the file of the
Sub Court, Kasaragod. Acquisition is for the purpose of doubling
of railway track from Thalappady to Trikarippur.
2. The enhancement is only at the rate of 40% over and
above the land value fixed by the Land Acquisition Officer. Such
enhancement is made based on the finding that the basic land
and the acquired land are not similar and similarly situated and in
view of the report of the Advocate Commissioner regarding the
potentiality of the acquired land. It was found that the acquired
land is a flat dry land.
L.A.A. 1372/07 2
In view of the evidence thus available on record, the
enhancement at the rate of 40% cannot in any way held to be
excessive. Thus there is no merit in the appeal. Therefore, the
application for condonation of delay and the appeal are
dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp