The Single Judge dismissed the State's condonation petition for a 223-day delay in filing a land acquisition appeal, noting lack of satisfactory explanation. Consequently, the appeal against the reference court's compensation enhancement was also dismissed.
Disposal of delay petition dismissed; consequent dismissal of land acquisition appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 23RD DAY OF MAY 2013/2ND JYAISHTA 1935
LA.App..No. 866 of 2005 (B)
AGAINST THE ORDER/JUDGMENT IN LAR 376/2000 of PRL.SUB COURT, KOZHIKODE DATED 30-06-2003
APPELLANT:
THE STATE OF KERALA, REP. BY THE SPL. TAHSILDAR, (LA) KOZHIKODE.
BY GOVERNMENT PLEADER SRI.ABDUL SHUKKUR
RESPONDENTS:
(DIED & LEGAL HEIRS RECORDED)
R5 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION(B/O) R1 TO 3 BY ADV. SRI.V.N.RAMESAN NAMBISAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
C.M.Appln.No.1148 of 2005 & L.A.A.No.866 of 2005
Dated this the 23rd day of May, 2013
JUDGMENT
This is an application filed by the State with a prayer to condone the filing delay of 223 days that occurred in filing L.A.A.No.866 of 2005.
State and Sri.Ramesan Nambisan for the respondents.
filed in support of the above petition is offering no cogent and satisfactory explanation for the above delay. L.A.R.No.376 of 2000 of Sub Court, Kozhikode against which the above appeal is filed was disposed of on 30/06/2003 and copy application was filed on 14/07/2003. It is stated in the affidavit that stamp papers were called on 06/10/2003 but there is no whisper as to when the stamp paper was produced. It is further submitted that,
C.M.Appln.No.1148 of 2005 & L.A.A.No.866 of 2005
: 2 :
the certified copy was received on 28/07/2004. So, the delay occurred in between the date on which the stamp paper was called for and the certified copy was obtained is not properly explained.
the case it appears that, as per the judgment and decree impugned in this appeal, the total enhancement granted by the reference court is only to the effect of `24,911/-. Having regard to the entire facts and circumstances involved in the case, according to me, there is no merit in the appeal as well.
As the delay is not properly explained, I am not inclined to allow this petition and accordingly the delay petition is dismissed, consequently the above appeal stands dismissed.
V.K.MOHANAN, JUDGE
skj
2 issues framed by the court
Whether the delay of 223 days in filing the land acquisition appeal warrants condonation.
Whether the enhancement of compensation in the impugned decree warrants a merit-based appeal.
STATE OF KERALA, REP. BY THE SPL. TAHSILDAR, (LA) KOZHIKODE
NALINI, W/O.BALAKRISHNAN
SHAIJA, D/O.BALAKRISHNAN
ANISH, S/O.BALAKRISHNAN
PRAMODH, S/O.BALAKRISHNAN
THE SECRETARY, CALICUT CORPORATION
V.K. MOHANAN
As recorded by the court registry
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