IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2222 of 2008()
1. STATE OF KERALA, REP.BY THE
... Petitioner
2. THE EXECUTIVE ENGINEER,NH DIVISION,
Vs
1. B.PADMINI BAI,
... Respondent
2. B.SUSEELA AMMA, RAJ COLLEGE,
3. B.VASANTHAKUMARI, G.N.COTTEGE
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/11/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A. NO. 2222 OF 2008
and
C.M.APPL.NO.2283 OF 2008
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Dated this the 25th November, 2008
JUDGMENT
Kurian Joseph, J.
C.M.Appl. No.2283 of 2008 is an application for condoning
the delay of 21 days in filing the appeal. On merits, the appeal is
filed by the State aggrieved by the fixation of land value by the
Reference Court, namely, II Additional Sub Court,
Thiruvananthapuram in L.A.R.No.131 of 1999. The acquisition is
for the purpose of construction of bridge across Karamana river.
The Land Acquisition Officer has fixed the land value at
Rs.1,56,214/- per Are. However, relying on the judgment and
decree in L.A.R.No.170 of 1999, the Reference Court has fixed the
land value at Rs.2,35,000/- per Are. It is seen that the relied on
judgment has become final, since there is no appeal against
L.A.R.No.170 of 1999. Therefore, the application for condoning the
delay in filing the appeal and the appeal are dismissed.
L.A.A.NO.2222/2008 AND C.M.APPL.NO.2283/2008
:: 2 ::
The interlocutory application for stay, I.A.No.4968 of 2008, is
also dismissed.
(KURIAN JOSEPH)
Judge
(K.T.SANKARAN)
Judge
ahz/