Allowed

Sulaiman Rawther v. State of Kerala

Kerala HC10 Jul 2017WP(C)/20579/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition where petitioners claimed compensation under the 2013 Land Acquisition Act. The court directed respondents to pass supplementary awards under the new Act for properties acquired where initial awards were passed after 1.1.2014.

What did the court decide?

Respondents directed to pass supplementary awards in respect of the acquired properties in terms of the new Act within three months from the date of receipt of this judgment.

Sulaiman Rawther Vs State of Kerala — Land Acquisition | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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MONDAY, THE 10TH DAY OF JULY 2017/19TH ASHADHA, 1939

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WP(C).No. 20579 of 2017 (V)

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PETITIONERS:

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1.	SULAIMAN RAWTHER,
	S/O. PAREETH RAWTHER, PULIKULATHU THAZHETHIL (H),
	EZHAMKULAM VILLAGE, ADOOR KARA, PATHANAMTHITTA DISTRICT.
2.	VODYADHARAN V.N., S/O. NARAYANAN, VETTUIKOL (VEDUKOYIL), MOOLAVATTOM P.O., KOTTAYAM DISTRICT.
3.	HASSENA RAHIM,
	W/O. ABDUL RAHIM,
	PULIKULATHU THAZHETHIL (H),
	MOOLAVATTAM, NATTAKOM, KOTTAYAM DISTRICT.
4.	K.P. SAMUEL,
	S/O. K.J. POTHEN, KOCHUPARAMBIL (H), POVANTHURUTH KARA, KOTTAYAM DISTRICT.
5.	K.P. CHACKOL, S/O. K.J. POTHN, KOCHUPARAMBIL KARA, KOTTAYAM DISTRICT.
6.	LEELAMMA, W/O. P.J. MATHEW,
	PILLACHIRAKKALAYIL, POOVANTHURUTHM KARA, PANACHIKKAD, KOTTAYAM DISTRICT.
7.	SANTHAMMA BABU, W/O BABU, AMBATTUKUNNUMPURAM, MOOLAVATTAM P.O., KOTTAYAM DISTRICT.
8.	RAJU,
	S/O. KUNJOONJU, NAMBELIKUNNEL, MUPPAYIKKATTU KARA, NATTAKOM, KOTTAYAM DISTRICT.
9.	P.N. SHAJI,
	S/O. P.S. NARAYANAN, PANDARAKUNNEL NINNUM THAZHAMANAMATTATHIL,
	MOLAVATTOM KARA, NATTAKOM,
	KOTTAYAM.

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WP(C).No. 20579 of 2017 (V)

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10.KARTHYAAYANIAMMA, D/O PARUKUTTIAMMA, KARUVALLIL SREEVILASAM, MOOLAVATTAM P.O., KOTTAYAM DISTRICT. 11.JANARDHANAN PILLAI, PADINJAREKOTTARATHIL, MUPPAIKKATU KARA, KOTTAYAM DISTRICT. 12.DR. P.P. MADHAVAN, S/O. PADAMANABHAN, GETANJALI, VADAVATHOOR, VIJAYAPURAM, KOTTAYAM. 13.SADASIVAN A.K., ATTACHIRA (SARIGMA), MOOLAVATTOM. P.O., KOTTAYAM. 14.PRASANNKUMARI, D/O. SREEDHARANPILAI, SARASWATHIVILASAM, CHOZHIYAKKADU KARA, PANACHIKKAD, KOTTAYAM DISTRICT.

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BY ADV. SRI.V.P.MOHAMMED NIYAZ

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SPECIAL TAHSILDAR LAND ACQUISHITION (RAILWAY), KOTTAYAM 686 001. 3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI - 600001

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BY SPECIAL GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20579 of 2017 (V)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT	P1	TRUE COPY 2011 AND T AND PACKAG	OF THE HE REHA E APPEN	G.O ( BILITA DED TO	MS) NO. 419/2011/RD DATED 15-11- TION AND RESETTLEMENT POLICY THE SAME.
EXHIBIT	P2	TRUE COPY 2015 AND T AND PACKAG	OF THE HE REHA E APPEN	G.O ( BILITA DED TO	MS) NO. 485/15/RD DATED 23-09- TION AND RESETTLEMENT POLICY THE SAME.
EXHIBIT	P3	TRUE COPY 17-10-15 I	OF THE SSUED B	CIRCU Y 1ST	LAR NO. 36253/B1/14/RD DATED RESPONDENT.
EXHIBIT	P4	TRUE COPY	OF THE	AWARD	NO. 243/2014 DATED 03-12-2015.
EXHIBIT	P5	TRUE COPY	OF THE	AWARD	NO. 361/2014 DATED 18-08-2016.
EXHIBIT	P6	TRUE COPY	OF THE	AWARD	NO. 239/2014 DATED 01-12-2015.
EXHIBIT	P7	TRUE COPY	OF THE	AWARD	NO. 368/2014 DATED 17-08-2016.
EXHIBIT	P8	TRUE COPY	OF THE	AWARD	NO. 369/2014 DATED 17-08-2016.
EXHIBIT	P9	TRUE COPY	OF THE	AWARD	NO. 266/2014 DATED 13-01-2016.
EXHIBIT	P10	TRUE COPY	OF THE	AWARD	NO. 326/2014 DATED 19-07-2016.
EXHIBIT	P11	TRUE COPY	OF THE	AWARD	NO. 354/2014 DATED 16-08-2016.
EXHIBIT	P12	TRUE COPY	OF THE	AWARD	NO. 252/2014 DATED 14-12-2015.
EXHIBIT	P13	TRUE COPY	OF THE	AWARD	NO. 317/2014 DATED 03-06-2016.
EXHIBIT	P14	TRUE COPY	OF THE	AWARD	NO. 313/2014 DATED 03-06-2016.
EXHIBIT	P15	TRUE COPY	OF THE	AWARD	NO. 249/2014 DATED 11-12-2015.
EXHIBIT	P16	TRUE COPY	OF THE	AWARD	NO. 296/2014 DATED 01-04-2016.
EXHIBIT	P17	TRUE COPY	OF THE	AWARD	NO. 364/2014 DATED 19-08-2016.
EXHIBIT	P18	TRUE COPY	OF THE	AWARD	NO. 371/2014 DATED 18-08-2016.
EXHIBIT	P19	TRUE COPY	OF THE	AWARD	NO. 370/2014 DATED 18-08-2016.
EXHIBIT	P20	TRUE COPY	OF THE	AWARD	NO. 372/2014 DATED 18-08-2016.
EXHIBIT	P21	TRUE COPY	OF THE	AWARD	NO. 373/2014 DATED 18-08-2016.
EXHIBIT	P22	TRUE COPY	OF THE	AWARD	NO. 374/2014 DATED 18-08-2016.
EXHIBIT	P23	TRUE COPY THE CHIEF	OF THE MINISTE	MASS R.	PETITION DATED 08-03-2014 BEFORE
EXHIBIT	P24	TRUE COPY SUBMITTED	OF THE BEFORE	REPRE THE CH	SENTATION DATED 22-02-2016 IEF MINISTER.

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WP(C).No. 20579 of 2017 (V) ---------------------------

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RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

bng

P.B.SURESH KUMAR, J.

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W.P.(C).No.20579 of 2017-V.

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Dated this the 10^th day of July, 2017.

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J U D G M E N T

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Though the properties owned by the petitioners have been acquired under the Land Acquisition Act, 1894 ('the old Act), awards in their favour have been passed only after 1.1.2014. According to the petitioners, since awards have not been passed on or before 1.1.2014, on which day the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the new Act') came into force, they are entitled to compensation in accordance with the provisions contained in the new Act. The petitioners, therefore, seek appropriate directions in this regard, in this writ petition.

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Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned Standing Counsel for the additional third respondent.

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The learned Government Pleader, on

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W.P.(C).No.20579/2017-V.

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instructions, submits that out of Exts.P4 to P22 awards passed in favour of the petitioners, only Exts.P17 and P18 are awards under Section 11(1) of the old Act and the remaining are awards passed under Section 11(2) of the old Act based on the agreements entered into with the petitioners. As such, according to the learned Government Pleader, the petitioners who have received the proceeds of the awards passed under Section 11(2) of the old Act are not entitled to compensation provided for under the new Act. It is, however, conceded by the learned Government Pleader that the agreements, on the basis of which awards have been passed in favour of the petitioners under Section 11(2) of the old Act, are agreements entered into after 1.1.2014.

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In the light of the provision contained in Section 24 of the new Act, in the absence of any award on or before 1.1.2014 either under Section 11(1) or Section 11(2) of the old Act, the land owners are entitled to compensation in accordance with the provision contained in the new Act. This Court had, in similar cases, issued directions to the respondents concerned to

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W.P.(C).No.20579/2017-V.

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pass supplementary awards under the new Act in respect of such properties.

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In the circumstances, the writ petition is allowed and

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the respondents concerned are directed to pass supplementary awards in respect of the properties acquired from the petitioners in terms of the new Act. This shall be done within three months

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from the date of receipt of a copy of this judgment.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Sulaiman Rawther v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sulaiman Rawther v. State of Kerala

Case brief

What is this about?

What did the court decide?

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