SUDHAKARA KAIMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant is in appeal. His property, reclaimed wet land in Panachikkadu Village, was acquired pursuant to Section 4(1) notification published on 30/9/2003 for the purpose of electrification of railway lane. THE Land Acquisition Officer awarded land value at the rate of Rs.4043 /- per Are. Before the Reference Court, the claimant relied mostly on Exts.A1 and A2 documents. Though Exts.A1 and A2 documents were pre notification documents, the court below did not place reliance on them for the reason that those documents were executed after the property had been taken over. We feel that the learned Subordinate Judge was justified in the circumstances of the case in excluding Ext.A1 and A2 from consideration.

(2.) IN this appeal, the appellant has produced before this court Document Nos.1086/2002 and 1797/2002 of the Sub Registry, Puthuppally. Both these documents are pre notification documents and they reflected value much higher than what is presently awarded by the Reference Court. We find some merit in the submission of Sri.Gopalakrishna Kurup that these documents will have some relevance in determining the correct market value of the property under acquisition. Mr.Gopalakrishna Kurup requested that an opportunity be given to rely on these documents. We feel that by imposing proper conditions such opportunity can be given to the appellant.