M.V.Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 10369 of 2014 (U) ---------------------------- PETITIONER:

------------------- M.V.VARGHESE, AGED 57 YEARS, S/O.MANI VARKEY, MADAPARAMBIL HOUSE, K P VALLON ROAD, KADAVANTHRA, KOCHI-682020 BY ADVS.SRI.R.D.SHENOY (SR.) SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695001.

2. DISTRICT COLLECTOR, ERNAKULAM-682030

3. LAND ACQUISITION OFFICER SPECIAL TAHSILDAR(LA), N H NO III, VYTILA, ERNAKULAM-682019 R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10369 of 2014 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :- COPY OF AWARD DTD 29/1/2014 IN 1/14 PASSED BY THE 4TH RESPONDENT EXHIBIT P2 :- COPY OF APPLICATION IN FORM NO 22A SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 10369 OF 2014 ------------------------------------ Dated this the 23rd day of March, 2015

JUDGMENT

Ext.P1 award was passed on 29.01.2014 evidently after the coming into force of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore the receipt of the compensation amount thereunder would be without prejudice to the right of the petitioner to claim redetermination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The right of the petitioner to seek enhancement of the compensation under the new Act would be considered after the framing of the Rules requisite. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd