This Court directed the respondent to pass a supplementary award within three months, accounting for compensation principles under the 2013 Act, as an earlier award under the 1894 Act was post-dated the 2013 Act's commencement.
Respondent directed to pass a supplementary award within three months considering 2013 Act principles.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937
WP(C).No. 32155 of 2015 (T)
PETITIONER :
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KOSHY VARGHESE, AGED 61 YEARS, S/O. LATE I VARGHESE, MANCHERIL PUTHEN VEEDU, CHERUTHANA P.O, KARUVATTA, ALAPPUZHA 690 517
BY ADVS.SRI.M.R.ARUNKUMAR
SRI.P.SHAMMI NAVAS SMT.S.SUCHITRA SMT.BHAVANA VELAYUDHAN
RESPONDENTS :
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1. THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT, COLLECTORATE, ALAPPUZHA 688 001
2. THE SPECIAL TAHSILDAR(LAND ACQUISITION), RAILWAYS, KAYAMKULAM, ALAPPUZHA 690 592
3. THE TALUK SURVEYOR, TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA 690 516
4. SOUTHERN RAILWAY
R1 TO R3 BY GOVERNMENT PLEADER SRI. R. RANJITH R4 BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS BY SRI.C.S.DIAS,SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 32155 of 2015 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C) No.32155 of 2015
JUDGMENT
The petitioner has approached this Court aggrieved by the inaction on the part of the respondents to take a decision on Ext.P5 representation, that was preferred by him in connection with land acquisition proceedings, involving his land. During the pendency of the writ petition, the said representation was dismissed by the 1st respondent and therefore, by an interlocutory application, the petitioner has also produced a copy of the order rejecting the representation. The grievance of the petitioner essentially is with regard to the compensation, that is payable in respect of the land acquired from the petitioner. The learned Government Pleader, relying on the counter affidavit filed on behalf of the 2nd respondent, would submit that an award has been passed under the Land Acquisition Act 1894, on 21.10.2015, in respect of the land acquired from the petitioner. Taking note of the said submission of the learned Government Pleader and finding that the award passed in 2015 is on the basis of the provisions of the Land Acquisition Act 1894 and that after the coming into force of 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
W.P.(c).No.32155 of 2015
: 2 :
and Resettlement Act, 2013', (hereinafter referred as '2013 Act') the respondent would necessarily would have to pass a supplementary award, taking into account the principles for fixation of compensation as enumerated in the 2013 Act, I dispose the writ petition with the following directions:-
i) The respondent shall pass a supplementary award in relation to the land acquired from the petitioner by taking into account the principles for determination of compensation as enumerated in the 2013 Act.
ii) The respondents shall pass the supplementary award, within a period of three months from the date of receipt of a copy of this judgment.
Iii) I make it clear that nothing in this judgment shall prevent the petitioner from claiming the admitted amounts as found due to the petitioner by virtue of the award already passed by the respondents.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
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2 issues framed by the court
Whether the respondent is required to pass a supplementary award considering the 2013 Act after the award was passed under the 1894 Act?
What is the time limit for passing the supplementary award?
2 provisions across 2 enactments
Koshy Varghese
District Collector Alappuzha
Special Tahsildar (Land Acquisition), Railways
Taluk Surveyor
Southern Railway
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
