IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 LA.App..No. 1132 of 2009() -------------------------- LAR.11/2006 of SUB COURT, KASARAGOD .................... APPELLANT(S): REFERRING OFFICER & RESPONDENT NO.1 ------------------------------------------------- 1. THE SPECIAL TAHSILDAR, LAND REGUISITION (RAILWAY),KASARAGOD. 2. THE DISTRICT COLLECTOR,KASARAGOD. BY GOVERNMENT PLEADER SMT. R.BINDU RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. T.M.KUNHAMINA, W/O.LATE THALANGARA ABDULLA KUNHI, THALANGARA BUNGLOW,P.O.THALANGARA. 2. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY,KANNUR. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 SRI.R.SATISH KUMAR SRI.E.K.NANDAKUMAR FOR R1 SMT.THUSHARA JAMES FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1132 of 2009 ----------------------------------------------- Dated this the 11th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. The Government is in appeal. The property was in Thalankara Village. The relevant Section 4(1) notification was published on 25-7-2003. The L.A. Officer relying on the basis document awarded land value at the rate of 25,084/- per cent. The Reference Court relying on A1, A8 and A9 re- fixed land value at the rate of Rs.75,000/- per cent. The learned Govt. Pleader Smt. R. Bindu Submits that A1, A8 and A9 were post notification documents and the court below was not justified in relying on those documents for granting enhancement. Reference was made by the learned Govt. Pleader to the judgment of the Supreme Court in G.M. Oil & Natural Gas Corpn. Ltd. v. R.Jivanbhai Patel & another, (2008) SAR (civil) 894. Even though Smt. Thushara James, learned counsel for the first respondent LAA. No. 1132/09 -2- supported the impugned judgment we are of the view that the impugned cannot be sustained. It is settled by the judgment of the Supreme Court in G.M. Oil & Natural Gas Corporation's case that reliance to post notification documents can be had only when it becomes absolutely inevitable. The three documents were three years and four years post notification. We are unable to approve the action of the learned Subordinate Judge in having relied on them. However, considering the request of Smt. Thushara James that the issue may be relegated back to the Reference Court, so that the claimant gets opportunity to produce other documents, we are not inclined to decide the issue finally. Hence we set aside the impugned judgment and decree and remand LAR. No. 11 of 2006 to the Subordinate Judge's Court, Kasaragod. That court is directed to take a fresh decision after affording opportunity to both parties to adduce whatever further evidence they want to. The parties LAA. No. 1132/09 -3- will appear before the court below on 16-9-2010. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-