MARY M.KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ONE of the claimants in LAR No.37/2006 on the file of the Additional Sub Court, Ernakulam is the petitioner. The said reference is under Section 18 of the Land Acquisition Act. According to the petitioner, the property having an extent of 60.60 Ares in Sy.No.570/2005 of the Kakkanadu Village owned by her and two others had been acquired by the second respondent (requisitioning authority) for the purpose of Export Promotion Park. During the pendency of the complaint, the petitioner filed Ext.P2 application for appointment of an Advocate Commissioner to report about the lie and nature of the acquired property and its importance. The Advocate Commissioner filed Ext.P3 report in which it was reported that since the property was water logged, he could not identify the property. The second respondent who is the requisitioning authority also filed an objection to the Commissioner's report stating that the Commissioner has not identified the property and it is not possible to identify the property without the assistance of a surveyor. Therefore, the petitioner filed Ext.P5 application for deputing an Advocate Commissioner with the assistance of a surveyor to identify the property, its lie and nature and for the preparation of sketch. To that petition also, the second respondent requisitioning authority filed an objection. They contended that the application is highly belated and there has been considerable change in the nature of property after acquisition because of the developmental activities carried out by the requisitioning authority after acquisition. The court below by the impugned order dismissed Ext.P5 application and it is against that this petition has been filed.

(2.) I have heard the learned counsel for the petitioner, the learned counsel for the requisitioning authority as well as the learned Government Pleader.

(3.) IN the result, the petition is allowed. The impugned order is set aside. Ext.P5 application shall stand allowed. The lower court shall depute a commissioner with the assistance of a qualified surveyor to identify the property on the basis of Ext.P5 application.