The court held that awards under the 1894 Land Acquisition Act cannot be passed after April 1, 2014. It directed authorities to pass a supplemental award under the 2013 Act and disburse balance compensation.
Directions to respondents to pass a supplemental award under the 2013 Act and disburse balance compensation within two months.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 1ST DAY OF JUNE 2016/11TH JYAISHTA, 1938
WP(C).No. 5927 of 2016 (M)
PETITIONER:
MARIYAM BEEVI @ MARIUMMA, W/O.MEETHIAN, PANAYAPPILLY HOUSE, H.M.T.COLONY P.O., PERINGAZHA KARA, KALAMASSERY, PIN-683 503.
BY ADVS.SRI.VARGHESE K.PAUL SRI.PETER KURIAN SMT.VINCY MARY VAVACHAN
RESPONDENTS:
R1 TO R3 BY GOVT. PLEADER SRI.JOSEPH GEORGE R4 BY SC SRI.M.VIJAYA KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC 5927/2016
PETITIONER'S EXHIBITS:
EXT. P1 THE TRUE COPY OF THE NOTICE DATED 30.09.2013 IN RESY.NO.206/5 ISSUED BY THIRD RESPONDENT TO THE PETITIONER
EXT. P1(a) THE TRUE COPY OF THE NOTICE DATED 30.09.2013 RE-SY NO. 204/10 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. P2 THE TRUE COPY OF THE NOTICE DATED 30.01.2015 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. P3 THE TRUE COPY OF THE NOTE TO AWARD DATED 12.03.2015 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
RESPONDENT'S EXHIBITS: NIL.
/TRUE COPY/
P.S. TO JUDGE
P.B.Suresh Kumar, J.
W.P.(C)No.5927 of 2016 M
Dated this the 1st day of June, 2016
JUDGMENT
An item of property owned by the petitioner has been acquired for a public purpose at the instance of the fourth respondent by virtue of a notification published under the Land Acquisition Act, 1894 ('the 1894 Act'). Exhibit P3 is the award passed in respect of the said acquisition. Ext.P3 award indicates that the same was passed based on an agreement entered into by the authorities concerned with the petitioner as provided for under Rule 12(5) of the Land Acquisition Rules framed under the 1894 Act. The case of the petitioner is that the 1894 Act has been replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the
WPC 5927/16
2
2013 Act') and after 01.04.2014, an award cannot be passed under the 1894 Act. The petitioner, therefore, challenges Ext.P3 award in this proceedings. She also seeks directions to respondents 2 and 3 to redetermine the compensation payable to her in respect of the acquisition.
WPC 5927/16
3
terms of the 2013 Act.
P.B.Suresh Kumar, Judge
tkv
2 issues framed by the court
Whether an award can be passed under the Land Acquisition Act, 1894 after April 1, 2014.
Whether the petitioner is entitled to a supplemental award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Colour shows how this judgement treated each authority
WP(C).No.5875 of 2016Relied on¶34
3 provisions across 3 enactments
Mariyam Beevi @ Mariumma
State of Kerala
District Collector, Civil Station, Kakkanad
Special Tahsildar
Roads and Bridges Development Corporation of Kerala Ltd.
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
