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.
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L.A.A. NO. 2042 OF 2008
and
C.M.APPL.NO.2091 OF 2008
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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/