IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 35703 of 2009(G) -------------------------- PETITIONER(S): ------------------ HALIMA ZUBAIR AGED 44 YEARS, W/O. ZUBAIR NINA, THOTTUNGATHARA ROAD, 28/2115-B. ELAMKULAM VILLAGE, KANAYANNUR TALUK, KOCHI-20. BY ADV. SRI.T.R.S.KUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER HIGH COURT OF KERALA ERNAKULAM. 2. DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE, KAKKANAD. 3. THE SPECIAL TAHISLDAR (LAND ACQUISITION K.R.L. LTD NORTH FORT GATE THRIPUNITHURA. ADV. SRI.M.DINESH FOR ADVOCATE COMMIS SPL.GOVT.PLEADER SRI.M.P.SREEKRISHNAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, ALONG WITH WPC NO. 37271 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 35703 & 37271 OF 2009 ========================= Dated this the 13th day of January, 2010 J U D G M E N T Petitioners challenge the land acquisition proceedings initiated primarily on the ground that in the matter of its classification, the land has been wrongly classified. After the writ petitions were filed, mainly in order to ensure that evidence is lost, petitioners also applied for the appointment of an Advocate Commissioner from this Court and that application was considered, a Commissioner was appointed and report has since been received. 2. Even if it is accepted that there is any substance in what the petitioners contend, that will not by itself invalidate the whole acquisition proceedings, but on the other hand, if the petitioners succeed in establishing their case, that may entitle the petitioners to claim enhancement of the compensation payable. That certainly is a matter for adjudication before the Reference court where the petitioners will have to establish their case by producing necessary evidence. Therefore, in my view, the right course of action to be adopted by the petitioners is to seek WPC 35703 & 37271/09 :2 : reference under Section 18 of the Land Acquisition Act at the appropriate stage, where it will also be open to them to make use of the commission report they have obtained pursuant to the orders of this Court. With that liberty, this writ petition is disposed of. However, it is clarified that it will be open to the parties to raise their contentions for and against the Commission report before the Reference court. ANTONY DOMINIC, JUDGE Rp