High Court of KeralaWP(C)/20868/2015disposed of

C.J.Rosily v. The Special Tahsildar(La No-2)

2015-07-13Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 20868 of 2015 (G) ---------------------------- PETITIONER:

------------------- C.I.ROSILY, W/O.VARKICHAN, EDASSERY HOUSE, ALUVA.

BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS:

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

1. SPECIAL TAHSILDAR(LA NO-2) KOCHI METRO RAIL PROJECTS, KAKKANAD, ERNAKULAM.

2. KOCHI METRO RAIL LTD. REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, 8TH FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM.

3. DISTRICT COLLECTOR ERNAKULAM.

4. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

BY SPECIAL GOVERNMENT PLEADER SRI. TOM K. THOMAS R BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20868 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE ORDER DATED 3.6.2015 IN IA NO.634/2015. EXHIBIT P2 - TRUE COPY OF THE AWARD NOTICE IN LAC.

EXHIBIT P3 - TRUE COPY OF THE AWARD NOTICE IN LAC 131/2014. EXHIBIT P4 - TRUE COPY OF THE AWARD NOTICE DATED 5.6.2015. EXHIBIT P5 - TRUE COPY OF THE AWARD NOTICE 12.6.2015.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20868 OF 2015 ------------------------------------ Dated this the 13th day of July, 2015

JUDGMENT

Exts. P4 and P5 awards passed after 01.01.2014 depict only a tentative assessment of the compensation due. The same would be subject to redetermination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Needless to say that the right of the petitioner to seek a reference under Section 64 of the Act would arise only after a fresh award is passed redetermining the compensation under the provisions of the Act.

There is no further grievance for the petitioner and the Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd