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High Court of KeralaWP(C)/27041/2014disposed of

Aliyakutty v. State Ofkerala

2015-03-26Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 -------------------------------------- PETITIONERS:

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1. ALIYAKUTTY W/O.VARGHESE, MUNDADAN HOUSE, ANGAMALY P.O.

ERNAKULAM DISTRICT, PIN 683572.

2. REENA D/O.VARGHESE, MUNDADAN HOUSE, ANGAMALY P.O.

ERNAKULAM DISTRICT, PIN 683572.

3. ANDREW . S/O.VARGHESE MUNDADAN HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT PIN 683572.

4. VINCENT S/O.VARGHESE, MUNDADAN HOUSE, ANGAMALY P.O.

ERNAKULAM DISTRICT, PIN 683572.

BY ADVS.SRI.S.M.PRASANTH SRI.C.DINESH SMT.ASHA BABU SRI.G.RENJITH SMT.AMMU CHARLES SMT.JINNU SARA GEORGE SRI.K.RAMAKUMAR (SR.) RESPONDENTS:

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1. STATE OF KERALA REP.BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM, PALAYAM P.O., PIN 695001.

2. THE COMMISSIONER (LAND REVENUE) THIRUVANANTHAPURAM, PUBLIC BUILDING THIRUVANANTHAPURAM-695035.

3. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD P.O., ERNAKULAM DISTRICT PIN 682028.

4. SPECIAL TAHSILDAR (LAND ACQUISITION) NO.3, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY NAYATHODU P.O., ERNAKULAM DISTRICT, PIN 683572. BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 27.07.2012.

EXHIBIT-P2: COPY OF THE MINUTES OF THE MEETING CONDUCTED BY THE RESPONDENTS DATED 23.05.2013.

EXHIBIT-P3: COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT DATED 27.11.2013. EXHIBIT-P4: COPY OF THE AGREEMENT EXECUTED BY THE PETITIONERS DATED 27.12.2013.

EXHIBIT-P5: COPY OF THE AWARD NO.01/14 ISSUED BY THE 4TH RESPONDENT DATED 01.10.2014.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT-R4(a):

COPY OF THE G.O. (RT.) NO. 3085/14/RD DATED 05.07.2014 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.27041 OF 2014 ---------------------------------------- Dated this the 26th day of March, 2015

JUDGMENT

Ext. P5 award bearing No. 1/14 was passed on 01.10.2014 under the Land Acquisition Act, 1894. But then the said Act stood repealed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The repeal was with effect from 01.01.2014 and therefore the petitioners are entitled to redetermination of the compensation under Section 24(1) of the new Act.

2.

The petitioners are free to receive the sum of Rs. 1,34,35,677/- under Ext. P5 award immediately. The same would be without prejudice for redetermination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The redetermination can be had soon after Rules are framed under the new Act which is in process. The writ petition is disposed of.

V. CHITAMBARESH JUDGE