Writ petitioners sought enhancement of land acquisition award. The court directed the District Collector to refer the award to the Sub Court, Kochi under the Land Acquisition Act within one month, dismissing other reliefs.cket case_12345
Direction to District Collector to make reference to Sub Court, Kochi under Land Acquisition Act within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
WP(C).No. 17836 of 2010 (D)
PETITIONERS :-
1. V.J.WILSON, AGED 55, S/O.JACOB, VELIKKAKATH HOUSE, KUMBALANGI P.O., ERNAKULAM DISTRICT.
2. V.J.ANDERSON, AGED 47, -DO-
3. FRANCIS XAVIER, AGED 53, -DO-
4. JENSON V.X., AGED 52 YEARS, S/O. -DO-
BY ADV. SRI.JOSE ABRAHAM
RESPONDENTS :-
1. THE SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAY NO.1, KAKKANAD, ERNAKULAM DISTRICT.
2. THE DISTRICT COLLECTOR, ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM.
3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
WP(C).No. 17836 of 2010 (D)
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5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
*** ADDL. R6 IMPLEASDED:**
THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, ALAPPUZHA.
ADDL.R6 IS IMPLEADED AS PR ORDER IN I.A.NO.13009/2010 DATED
22.09.2010.
R BY SRI.SYAMJI RAM, GOVERNMENT PLEADER R BY ADVS. SRI.N.RATHEESH SRI.A.A.ABUL HASSAN(ADV.COMMSR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17836 of 2010 (D)
APPENDIX
PETITIONERS' EXHIBITS :-
EXHIBIT P-1 :- TRUE COPY OF THE LAND TAX RECEIPT EVIDENCING THE PAYMENT OF LAND TAX BY THE 1ST PETITIONER IN RESPECT OF 1.75 CENTS OF LAND IN THE NOTIFIED AREA. EXHIBIT P-2 :- TRUE COPY OF BUILDING TAX RECEIPT ISSUED BY THE 3RD RESPONDENT EVIDENCING THE PAYMENT OF BUILDING TAX IN THE NOTIFIED AREA BY THE 1ST PETITIONER. EXHIBIT P-3 :- TRUE COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT FOR CONDUCTING THE COOL BAR IN THE BUILDING SITUATED AT THE NOTIFIED AREA. EXHIBIT P-4 :- TRUE COPY OF THE LAND TAX RECEIPT EVIDENCING THE PAYMENT LAND TAX OF THE 2ND PETITIONER IN RESPECT OF 5.35 CENTS OF LAND IN THE NOTIFIED AREA. EXHIBIT P-5 :- TRUE COPY OF THE LAND TAX RECEIPT EVIDENING THE PAYMENT LAND TAX OF THE 3RD PETITIONER IN RESPECT OF 4.89 CENTS OF LAND IN THE NOTIFIED AREA. EXHIBIT P-6 :- TRUE COPY OF THE BUILDING TAX RECEIPT EVIDENCING THE PAYMENT OF BUILDING TAX BY THE 3RD PETITIONER. EXHIBIT P-7 :- TRUE COPY OF THE LAND TAX RECEIPT EVIDENCING THE PAYMENT OF TAX BY THE 4TH PETITIONER IN RESPECT OF 5.450 CENTS OF LAND IN THE NOTIFIED AREA. EXHIBIT P-8 :- TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE KUMBALANGI GRAMA PANCHAYATH TO THE 4TH PETITIONER. EXHIBIT P-9 :- TRUE COPY OF THE NOTIFICATION APPEARED IN MATHRUBHOOMI DAILY DATED 31.10.2009. EXHIBIT P-10 :- TRUE COPY OF THE SCHEDULE OF THE PROPERTIES TO BE ACQUIRED SERVED ON THE PETITIONERS ON 08.12.2009. EXHIBIT P-11 :- TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER. EXHIBIT P-12 :- TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER.
WP(C).No. 17836 of 2010 (D)
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WP(C).No. 17836 of 2010 (D)
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RESPONDENTS' EXHIBITS :- ---------------------------------------EXHIBIT R1(A) :- A TRUE COPY OF THE GOVERNMENT ORDER NO.1974/2008/PWD DATED 26.11.2008. EXHIBIT R1(B) :- A TRUE COPY OF THE REQUISITION RECEIVED BY THE DISTRICT COLLECTOR FROM THE EXECUTIVE ENGINEER, ROADS DIVISION, ALAPPUZHA. EXHIBIT R1(C) :- A TRUE COPY OF THE SECTION 6 DECLARATION. EXHIBIT R1(D) :- TRUE COPIES OF THE ALIGNMENT SKETCH SHOWING THE LIE AND LOCATION OF THE LANDS BELONGING TO THE PETITIONERS. EXHIBIT R6(A) :- A TRUE COPY OF THE APPROVED ORIGINAL ALIGNMENT PLAN AND SKETCH FOR THE BRIDGE AND THE APPROACH ROAD.
RKJ
//TRUE COPY//
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J.
============================
W.P.(C)No.17836 of 2010
============================ Dated this the 20th day of December, 2016
JUDGMENT
The petitioners have filed this writ petition praying
for several reliefs. However, at the time when the matter was heard, the learned counsel for the petitioners Mr.Jose Abraham submits that most of the reliefs have become ungrantable because, the property has already been acquired and award has been issued under the provisions of the Land Acquisition Act. All that he now wants is a direction to the District Collector to make a reference under the provisions of Section 18 of the Land Acquisition Act to the Sub Court, Kochi because the petitioners intend to seek enhancement of the amount awarded to him. The petitioners say that this has not been done by the District Collector only because of the pendency of the writ petition before this Court.
that the District Collector is directed to make a reference of the petitioners' award to the Sub Court, Kochi under the
2
W.P.(C)No.17836 of 2010
provisions of the Land Acquisition Act in accordance with law and if there is no other legitimate reasons for not making such reference under the relevant statutes or Rules. This shall be done by the District Collector within a period of one month from the date of receipt of a copy of this judgment. No further reliefs are passed and no further reliefs are granted.
In the result, this Writ Petition is disposed of. No
costs.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the District Collector is directed to make a reference to the Sub Court for enhancement of award.
V.J.WILSON
V.J.ANDERSON
FRANCIS XAVIER
JENSON V.X.
THE DISTRICT COLLECTOR, ERNAKULAM
STATE OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
