Disposed

Zakheer Hussain v. Union of Territory of Lakshadweep

Kerala HC7 Sept 2016WP(C)/23048/2016

Case brief

AI extract

What is this about?

This writ petition concerned payment of balance 20% compensation for land acquired for helipad expansion in Lakshadweep. The court found authority admitted the detention due to the 2013 Act but rules were now framed. It directed the Land Acquisition Collector to pass the final award within two months and disburse money within three weeks thereafter.

What did the court decide?

Direction to second respondent (Land Acquisition Collector) to pass final award within two months; money to be disbursed within three weeks thereafter.

Zakheer Hussain Vs Union of Territory of Lakshadweep — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938

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WP(C).No. 23048 of 2016 (E)

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PETITIONER(S):

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1.	ZAKHEER HUSSAIN,
	AGED 49, S/O. LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHDWEEP - 682558.
2.	KADIYABI, AGED 55, D/O. LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHDWEEP - 682558.
3.	SAILANIPOO, AGED 46, D/O. LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHDWEEP - 682558.
4.	HAVVABI, AGED 42, D/O. LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHDWEEP - 682558.
5.	SUHARA, AGED 39, D/O. LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHDWEEP - 682558.
6.	KUNHIMON P.P., S/O. LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.
7.	KOYA, S/O. MUTHUKOYA KANNIPURA, PATTIYAPURAM, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.
8.	BEEFATHUMMA, MOOPANAKADIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.
9.	KADHEEJOMMABI K.P., D/O. ABDULLA KOYA,
	KANNIPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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WP(C).No. 23048 of 2016 (E)

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10. KUNHIBI B., W/O. LATE ALIYAR KUNHI, BAMMATHIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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11. MUTHUBI K.P., KANNIPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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12. SUBAIRATH P.O., W/O. LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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13. SALEEM M., S/O. POOKUNHI KOYA, MALIKA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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14. UMMABI K., W/O. KOYAMMA, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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15. FATHIMA K., W/O. ANDHUKOYA, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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16. NASEEMA M.K., W/O. LATE ABDUL KHADER, MOOPANANKADIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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17. KUNHI AHMAD KOYA S., S/O. LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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18. ABDUL RAHIMAN S., S/O. LATE ATTAKOYA,SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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19. ATTABI S., D/O. LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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20. BEEFATHUMMA S., D/O. LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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WP(C).No. 23048 of 2016 (E)

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21. AYSHOMMA S., D/O. LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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22. UMMAHANI P.P., D/O. LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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23. SAINUL ABID, S/O. LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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24. ABDUL SALAM P.P., S/O. LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

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BY ADVS.SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.AJIT G.ANJARLEKAR SRI.GOVIND PADMANAABHAN

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RESPONDENT(S):

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1. UNION OF TERRITORY OF LAKSHADWEEP REPRESENTED BY THE ADMINISTRATOR, KAVARATTI-682 555.

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2. THE LAND ACQUISITION COLLECTOR, ADMINISTRATION OF U.T. OF LAKSHDWEEP, COLECTORATE,KAVARATTI-682 555.

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3. THE DIRECTOR PORT, SHIPPING AND AVIATION, U.T OF LAKSHADWEEP, KAVARATTI-682 555.

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4. THE SUB DIVISIONAL OFFICER, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558. BY ADV. SRI.S.RADHAKRISHNAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23048 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 A TRUE COPY OF F.NO 34/57/2007-LR DATED 29.11.2010 ISSUED BY THE SECOND RESPONDENT.

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P2 A TRUE COPY OF F.NO 34/57/2007-LR DATED 14.03.2011 ISSUED BY THE SECOND RESPONDENT.

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RESPONDENT(S)' ANNEXURE: ------------------------

//TRUE COPY//

P.S.TO JUDGE

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SHAJI P. CHALY, J

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W.P.(C)NO.23048 OF 2016

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Dated this the 7^th day of September, 2016

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J U D G M E N T

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This writ petition is filed by the petitioners seeking direction to the respondents to disburse the balance 20% estimated compensation under the Land Acquisition Act 1894, within a time frame, and for other related reliefs.

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Material facts for the disposal of the writ petition are as follows:-

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Property belonging to the petitioners along with the improvements therein was acquired by the second respondent for the expansion of the Helipad, and construction of compound wall around the same at Kiltan, Lakshadweep by invoking urgency clause under Section 17(4) of the Land Acquisition Act 1894. After completing the formalities as provided under law, 80% of the estimated value of the acquired land and the improvements made therein was sanctioned by the second respondent, and the third respondent took

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W.P.(C)NO.23048 OF 2016 2

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possession of the property from the petitioners. Petitioners received 80% of the compensation from the second respondent. However, even after the lapse of considerable years, the balance 20% is not paid. According to the petitioners, they require the balance 20% money urgently to meet several financial commitments.

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Respondents 1 to 4 have filed a joint statement virtually admitting the contentions put forth by the petitioners. However, with respect to the detention of 20% amount, it is submitted by the learned counsel, the same could not be paid, consequent to the introduction of Land Acquisition, Rehabilitation and Resettlement Act 2013, but the rules were not framed. Now, it is the submission of the respondents that, rules are framed and therefore if a direction is issued to pass final award, the amounts will be paid after the final award is passed.

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Taking into account the respective submissions made by the respective counsel, I am of

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W.P.(C)NO.23048 OF 2016 3

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the considered opinion that, the second respondent can be directed to pass an award within a time frame. Therefore, there will be a direction to the second respondent to pass final award pertaining to notification No.34/57/2007-LR dated 12.08.2008 and 23.10.2008, within a period of two months from the date of receipt of a copy of this judgment. Needless to say, after the passage of the award so directed, the money shall be disbursed to the petitioners without any further delay and at any rate within three weeks thereafter.

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Writ petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Zakheer Hussain v. Union of Territory of Lakshadweep

Case brief

What is this about?

What did the court decide?

Zakheer Hussain v. Union of Territory of Lakshadweep

Case brief

What is this about?

What did the court decide?

What the court decided

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