Ummar Safyan v. The Special Tahsildar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 5617 of 2015 (B) -------------------------------------- PETITIONER:
-------------------------- UMMAR SAFYAN S/O. SULAIMAN HAJI, MECHERI HOUSE, KARUVAMBRAM AMSOM DESOM, P.O.KARUVAMBRA - 676 123, MALAPPURAM.
BY ADVS.SRI.M.K.CHANDRA MOHANDAS SMT.K.K.RAZIA SRI.K.SATHIYANANDAN PILLAY SRI.SHAKTHI PRAKASH SRI.PRATHEEK VISWANATHAN JISHNU M.L RESPONDENTS:
----------------------------
1. THE SPECIAL TAHSILDAR LAND ACQUISITION (G), MALAPPURAM - 676 505.
2. THE DISTRICT COLLECTOR MALAPPURAM - 676 505.
BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5617 of 2015 (B) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - A COPY OF THE NOTICE C 1453/2012(1) DT. 04.8.14 P2 - THE COPY OF THE AGREEMENT DT. 25.9.14 ENTERED BY THE PETITIONER UNDER PROTEST.
P3 - A COPY OF THE RELEVANT PAGES OF AWARD NO.2/14 PASSED BY THE 2ND RESPONDENT VIDE NO. C 1354/12 DT. 21.8.14. RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT R(a)- COPY OF THE ORDER DATED 05.07.2014 /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 5617 OF 2015 ---------------------------------------- Dated this the 11th day of March, 2015
JUDGMENT
The price of the property was arrived at by a negotiated settlement as revealed by Ext.P2 agreement. The same is without prejudice to the right of the petitioner to claim further compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further enhancement of compensation would arise only after the Rules are framed under the said Act as preserved in Ext.R(a) Government Order. Therefore no question of a reference under Section 18 of the Land Acquisition Act, 1894 arises as at present. The writ petition is dismissed subject to the above. V. CHITAMBARESH JUDGE