IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 291 of 2004()
1. STATE OF KERALA.
... Petitioner
Vs
1. LAILA BEEVI S.B.MANZIL,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.BALAGOVINDAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 291 OF 2004
&
C.M. APPLICATION NO. 621 OF 2004
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Dated this the 22nd day of February, 2008
JUDGMENT
Kurian Joseph, J.
C.M. Application No.621 of 2004 is an application to condone the
delay of 250 days in filing the appeal. On merits it is seen that the
acquisition is for the purpose of doubling the railway line at Vailoor
Village. The total extent involved is 2.80 Ares. The Land Acquisition
officer fixed land value at Rs.14,385/- per Are as against a claim of
Rs.50,000/- per cent. The claimant produced Ext.A1 and examined herself
and another person as AWs.1 and 2. No evidence was adduced by the
respondent.
2. Though the reference court found that the claimant could not
establish the similarity and comparability of the acquired land with the
property covered by Ext.A1, in view of the locational importance of the
acquired property, and which was not disputed also, after making some
permissible guesswork, the reference court fixed the land value at
L.A.A.NO.291/2004 2
Rs.30,000/- per Are. For the compound wall, the Land Acquisition Officer
granted Rs.9,527/- and in view of the evidence that the compound wall had
a length of 48 metres and a height of 8 feet and constructed of granite
stones in 1992, the reference court fixed the value at Rs.70,000/-. In view
of the unchallenged evidence, we do not think this Court at this stage
should interfere with the fixation of land value and compensation. We
particularly take note of the fact that the extent involved is only 2.80 Ares.
The application and the appeal are, therefore, dismissed. I.A.
No.1440 of 2004 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
L.A.A.NO.291/2004 3
KURAIN JOSEPH &
HAURN-UL-RASHID, JJ.
L.A.A. .NO.291/2004
JUDGMENT
22ND FEBRUARY, 2008