Disposed

Padmini v. State of Kerala

Kerala HC9 Nov 2017WP(C)/26289/2015

Case brief

AI extract

What is this about?

The Court directed that objections to Section 9B notices issued under the 1894 Act must be considered within the one-month period stipulated by Section 24 of the 2013 New Act, while ensuring the petitioner is given a hearing opportunity before the order is passed.

What did the court decide?

Petitioner to be given a reasonable opportunity of hearing before orders are passed on objections submitted under Section 24 of the 2013 Act.

Padmini 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 K.VINOD CHANDRAN

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THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939

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WP(C).No. 26289 of 2015 (I)

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PETITIONER :

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PADMINI, AGED 60, W/O.GOPALAKRISHNAN NAIR, ANNAPOORNA HOUSE, MANAKAD VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT-685 584

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT(S):

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1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THRUVANANTHAPURAM-695 001

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2. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU P.O, IDUKKI DISTRICT-685 603

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3. THE LAND ACQUISITION OFFICER, SPL. TAHSILDAR, MINI CIVIL STATION, THODUPUZHA-685 584

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BY SPL.GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 26289 of 2015 (I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF THE NOTICE ISSUED U/S 9 TO THE PETITIONER DATED 3/6/2015.

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EXHIBIT P2 COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 AND 3 DATED 3/8/2015.

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EXHIBIT P3 COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 3/6/2015. EXHIBIT P4 COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER AS CONCERNING EXT.P3 ISSUED DATED 3/8/2015.

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RESPONDENT'S EXHIBITS AND ANNEXURES:

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ANNEXURE 1 TRUE COPY OF THE JUDGMENT DATED 24/7/2015 IN

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WPC.NO.22373/2015.

/TRUE COPY/

P.A.TO JUDGE

sts

K. VINOD CHANDRAN, J

W.P(C) No.26289 of 2015 - I

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Dated this the 09^th day of November, 2017 J U D G M E N T

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The petitioner is aggrieved with Exts.P1 and P3 notices

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against which Exts.P2 and P4 objections are submitted. It is seen

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from Ext.P1 and P3 that they are dated 03.06.2015 and the notices

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are under Section 9 B of the Land Acquisition Act, 1894. The

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new Act- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for

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brevity “the New Act” only) came into force on 01.01.2014. Section 24 of the New Act also provides for proceedings initiated under the old Act to be continued under the New Act, if no awards are passed earlier. Hence the objections shall be considered within a period of one month in accordance with

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Section 24 of the new Act. Before orders are passed, the

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W.P(C) No.26289/2015

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::2::

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petitioner shall also be given a reasonable opportunity for

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hearing.

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Writ petition would stand disposed of. No costs.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Padmini v. State of Kerala

Case brief

What is this about?

What did the court decide?

Padmini v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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