Allowed

K.M.George v. State of Kerala

Kerala HC3 Aug 2017WP(C)/23620/2017

Case brief

AI extract

What is this about?

A writ petition regarding an item of property notified for acquisition under the 2013 Act. The petitioner surrendered the property but could not receive compensation due to the District Level Purchase Committee's delay in fixing land value. The Court held that the delay cannot justify non-payment and directed passing of the award and disbursement of compensation within one month.

What did the court decide?

The writ petition was allowed. The respondents were directed to pass an award in respect of the petitioner's property and disburse compensation within one month.

K.M.George 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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THURSDAY, THE 3RD DAY OF AUGUST 2017/12TH SRAVANA, 1939

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WP(C).No. 23620 of 2017 (B)

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PETITIONER:

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K.M.GEORGE S/O. MATHAI, AGED 79 YEARS, KAPPUZHA, ATTUVATHALA, KAINAKARI SOUTH VILLAGE, KUTTANADU TALUK, ALAPPUZHA - 688 501.

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BY ADVS.SRI.DIPU.R

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SRI.K.S.BAIJU SMT.K.P.SUSMITHA SMT.DHANYA BABU SMT.P.A.PRIYA SMT.T.P.SHENIJA

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE LAND REVENUE COMMISSIONER

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OFFICE OF THE LAND REVENUE COMMISSIONER, (LAND REVENUE COMMISSIONERITE), PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 009.

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3. THE SECRETARY

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PUBLIC WORKS DEPARTMENT (PWD), GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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4. THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, BEACH ROAD, ALAPPUAZHA - 688 001.

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5. SPECIAL TAHSILDAR OFFICE OF THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), ALAPPUZHA - 688 001.

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R1-R5 BY GOVERNMENT PLEADER SRI. SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/-

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WP(C).No. 23620 of 2017 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT WITH NO. 3301767 DTED 03.5.2017, ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE ORDER WITH NO.G.O.(RT)NO.3147/15/RD DATED 18.6.2015. EXHIBIT P2A TRUE TYPED COPY OF EXT.P2. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS WITH NO. B3-47791/12, DATED 28.2.2017. EXHIBIT P4 TRUE COPY OF THE NOTICE WITH NO. B1-3403/2012, DATED 24.3.2017. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 04.6.2017 BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS

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EXT.R5 (A) TRUE COPY OF THE CONSENT SUBSCRIBED BY THE PETITIONER

/TRUE COPY/

PA TO JUDGE

sdr/-

P.B.SURESH KUMAR, J.

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W.P.(C.) No.23620 of 2017

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Dated this the 3^rd day of August, 2017

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JUDGMENT

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An item of property owned by the petitioner has been notified for acquisition for a public purpose under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act'). It is stated by the petitioner that though the property has been notified for acquisition, award which is required to be passed under the Act is yet to be passed and consequently, the petitioner is unable to receive compensation in respect of the property. It is also stated by the petitioner that having regard to the urgency of the project, on the request made by the appropriate authority, the petitioner has surrendered the property in the

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W.P.(C.) No.23620/2017

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meanwhile for the purpose for which the same is intended to be acquired. In the circumstances, the petitioner seeks directions to the respondents concerned to pass award in respect of the property and disburse the compensation, within a time frame.

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Heard the learned counsel for the petitioner

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as also the learned Government Pleader.

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The learned Government Pleader points out that it is on account of the delay on the part of the District Level Purchase Committee in fixing the land value of the property, the award could not be passed.

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The delay on the part of the District Level Purchase Committee in fixing the land value cannot be a reason for delaying the legitimate compensation payable to the petitioner especially when the land has been made use of for the public purpose for which it is intended.

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In the said circumstances, the writ petition is allowed and the respondents concerned are directed to pass

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W.P.(C.) No.23620/2017

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award under the Act in respect of the property of the petitioner, within one month from the date of receipt of a copy of this judgment. The District Level Purchase Committee shall fix the land value in the meanwhile.

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sd/-

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SKS

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P.B. SURESH KUMAR, JUDGE //TRUE COPY//

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P.A. TO JUDGE

K.M.George v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.M.George v. State of Kerala

Case brief

What is this about?

What did the court decide?

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