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High Court of KeralaWP(C)/9755/2015disposed of

Sherly v. The Special Tahsildar(La)

2015-03-30Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 9755 of 2015 (T) --------------------------- PETITIONER:

------------------ SHERLY, AGED 43 YEARS, D/O.KOTAKKATTU KURIAN ANDHAPPAN, RAMANTHALY AMSOM DESOM, P.O.RAMANTHALY - 670 308, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.P.K.SUBHASH RESPONDENTS:

------------------------

1. THE SPECIAL TAHSILDAR (LA), LAND ACQUISITION EZHIMALA NAVAL ACADEMY PROJECT PAYYANNUR - 670 307.

2. THE DISTRICT COLLECTOR, KANNUR - 670 001.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9755 of 2015 (T) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1:

A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 28A FILED BY THE PETITIONER EXT.P2:

A TRUE COPY OF THE ORDER NO.D.DIS.1422/06 DATED 7.3.2009 EXT.P3:

A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 28A (3) OF THE LAND ACQUISITION ACT.

EXT.P4:

A TRUE COPY OF THE ORDER NO.D.929/09/D.DIS OF THE IST RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 9755 OF 2015 ------------------------------------ Dated this the 30th day of March, 2015

JUDGMENT

An application for redetermination of compensation under Section 28A(3) of the Land Acquisition Act, 1894 can be on the basis of the following judgments:

(i) A judgment on a reference passed under Section 18 of the Land Acquisition Act, 1894.

(ii) A judgment under Section 28A(3) of the Land Acquisition Act, 1894 redetermining the compensation.

2.

The authorities below erred in holding that an application under Section 28A(3) of the Land Acquisition Act, 1894 can be filed on the basis of a judgment passed under Section 18 of the said Act only. The issue is covered by the decision in District Collector Vs. Muhammad Kunhi [2012

(4) KLT 360 (DB)] and Exts.P2 and P4 orders militates against the dictum. I quash Exts. P2 and P4 orders rejecting the

WP(C) No. 9755/2015 applications put in under Sections 28A(1) and 28A(3) of the Land Acquisition Act, 1894.

3.

I direct the first respondent to reconsider Ext.P1 application filed under Section 28A(1) of the Land Acquisition Act, 1894. The same shall be done with notice to the petitioner within a period of two months from the date of production of a copy of this judgment. Every endeavour shall be made to take a decision on merits rather than non suiting the petitioner on technical grounds.

4.

The petitioner shall produce a copy of the writ petition with the judgment before the first respondent for compliance. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd