IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1326 of 2008()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. K.RAMACHANDRA MOORTHY,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :05/08/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.NO. 1326 OF 2008
&
C.M. APPLICATION NO.1397 OF 2008
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Dated this the 5th day of August, 2008
JUDGMENT
Harun-Ul-Rashid, J.
C.M. Application No.1397 of 2008 is an application to condone the
delay of 997 days in filing the appeal. The State of Kerala is the appellant.
The appeal is directed against the judgment and decree dated 28.2.2005 in
L.A.R. No.174of 1999 on the file of the II Additional Sub Court,
Thiruvananthapuram.
2. The extent of land acquired is 2.90 Ares of dry land in Survey
No.2260/7 of Thirumala Village. Acquisition is for the purpose of
construction of Karamana bridge. The Land Acquisition Officer fixed land
value at the rate of Rs.1,35,838/- per Are. The reference court refixed the
land value at Rs.1,85,000/- per Are. The claimant was examined as AW.1
and Ext.A1 was marked on his side. Exts.R1 to R3 were marked on the
side of the respondent. The claimant relied on Ext.A1 judgment in L.A.R.
No.221 of 1998 of the same court. The said reference also related to
acquisition of property for the very same purpose. The reference court, on
comparison of both the lands, held that the acquired land is better than the
L.A.A.NO.1326/2008 2
property covered by Ext.A1. Ext.R2 mahazar evidences the fact that the
acquired land is situated about 70 metres northwards from Karamana
bridge and 6 metres inwards from the main road and near to National
Highway. Considering the value fixed for the property covered by Ext.A1
and the locational importance of the property acquired, the reference court
refixed the land value at Rs.1,85,000/- per Are.
3. Considering the fact that the land acquired is small in extent and
that the enhancement granted is only nominal and based on valid materials,
we are of the view that the land value fixed by the reference court is just
and reasonable and requires no interference. We also find that there are no
sufficient reasons for condoning the delay in filing the appeal.
The appeal and the application for condonation of delay are,
therefore, dismissed. I.A. No.2978 of 2008 is also dismissed. There will
be no order as to costs.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
L.A.A.NO.1326/2008 3
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
L.A.A. NO. 1326/2008
JUDGMENT
5th August, 2008