← Library
High Court of KeralaWP(C)/3228/2015allowed

Thomas @ Joy Joseph v. The Special Tahsildar

2015-02-23Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WP(C).No. 3228 of 2015 ------------------------------------ PETITIONER:

-------------------------- THOMAS @ JOY JOSEPH, AGED 52 YEARS S/O.JOSEPH, THEKKEPPARAMBIL HOUSE VALLIKKADU, ETTUMANOOR P.O, KIZHAKKUMBHAGOM KARA ETTUMANOOR VILLAGE, KOTTAYAM TALUK.

BY ADVS.SRI.LIJI.J.VADAKEDOM SRI.RAJEEV JYOTHISH GEORGE RESPONDENT:

---------------------------- THE SPECIAL TAHSILDAR LAND ACQUISITION (GENERAL), KOTTAYAM 686 001 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3228 of 2015 --------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - THE COPY OF THE AWARD NO.213-14(58NLA) DATED 30-8-2014 PASSED BY THE RESPONDENT.

EXT.P1(A) - THE COPY OF THE AWARD NO.3/13-14(36NLA) DATED 29-8-2014 PASSED BY THE RESPONDENT EXT.P1(B) - THE COPY OF THE AWARD NO.1/13-14(57NLA) DATED 30-08-2014 PASSED BY THE RESPONDENT EXT.P2 - THE COPY OF THE NOTICE DATED 11/2014 IN LAC 58NLA ISSUED BY THE RESPONDENT EXT.P2(A) - THE COPY OF THE NOTICE DATED 11/2014 IN LAC 36NLA ISSUED BY THE RESPONDENT EXT.P2(B) - THE COPY OF THE NOTICE DATED 11/2014 IN LAC 57NLA ISSUED BY THE RESPONDENT EXT.P3 - THE COPY OF THE SECTION 9 PETITION DATED 22-1-2013 FILED BY THE PETITIONER BEFORE THE RESPONDENT IN LACS 36,57 AND 58 EXT.P4 - THE COPY OF THE REFERENCE APPLICATION DATED 6-12-2014 FILED BY THE PETITIONER AGAINST THE AWARD NO.1/13-14 (58NLA) DATED 30-8-2014 EXT.P4(A) - THE COPY OF THE REFERENCE APPLICATION DATED 29-11-2014 FILED BY THE PETITIONER AGAINST THE AWARD NO.3/13-14 (36NLA) EXT.

P4(B) - THE COPY OF THE REFERENCE APPLICATION DATED 6-12-2014 FILED BY THE PETITIONER AGAINST THE AWARD NO.1/13-14 (57NLA) DATED 30-8-2014 EXT.P5 - THE COPY OF THE JUDGMENT DATED 20-12-2014 IN WPC.NO.34685/2014 BEFORE THE HONOURABLE HIGH COURT OF KERALA RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3228 OF 2015 ---------------------------------------- Dated this the 23rd day of February, 2015

JUDGMENT

Heard the counsel for the petitioner and also the Government Pleader.

2.

Ext. P1 series awards could not have been passed under the Land Acquisition Act, 1894 after the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitaion and Resettlement Act, 2013. But then the compensation amount has already been received by the petitioner and the possession of the land has also taken long back for the widening of a road.

3.

Interest of justice would be met by setting aside Ext. P1 series awards and directing the respondent to pass awards anew under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitaion and Resettlement Act, 2013. The respondent shall retain the land and the amount already paid to the petitioner shall be given credit to while determining the compensation afresh under the

W.P.(C). NO. 3228 OF 2015 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitaion and Resettlement Act, 2013. Ext. P1 series awards are quashed subject to the above. The writ petition is allowed. No costs.

V. CHITAMBARESH JUDGE