Disposed

Abdul Karim .M v. State of Kerala

Kerala HC16 Nov 2018WP(C)/31884/2018

Case brief

AI extract

What is this about?

The Court directed the competent authority (District Collector and Special Thahasildar) to pass an award under Section 28A of the Land Acquisition Act, 1894 within two months, directing the Power Grid Corporation of India Ltd. to disburse enhanced compensation to petitioners after a hearing.

What did the court decide?

Direction to pass award under Section 28A within two months and direct disbursement of enhanced compensation after hearing.

Abdul Karim .M Vs State of Kerala — Land Acquisition | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY, THE 16TH DAY OF NOVEMBER 2018/25TH KARTHIKA, 1940

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WP(C).No.31884 of 2018

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PETITIONERS:

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1 ABDUL KARIM M., S/O. MOHAMMED IBRAHIM, HA LAND, KUZHIYIL, PALLIPPURAM VILLAGE, KANIYAPURAM POST, THIRUVANANTHAPURAM-695301.

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2 NABEESA BEEVI, W/O. HASANARU PILLAI, SULPHI NIVAS, MANAKKATTUVILAKAM, THEKKEVILA MURIYIL, PALLIPPURAM VILLAGE, KANIYAPURAM POST, THIRUVANANTHAPURAM-695301.

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3 ABDUL REHIM, S/O. LATE ASSANARU PILLAI, SHEHINA NIVAS, CHALIL VEEDU, VALIYAVEETTU MURIYIL, PALLIPPURAM VILLAGE, KANIYAPURAM POST, THIRUVANANTHAPURAM-695301.

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BY ADVOCATES SRI.SAJAN VARGHEESE K. & SRI.LIJU M.P.

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01.

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2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001.

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3 THE SPECIAL THAHSILDAR, LAND ACQUISITION (GENERAL), DISTRICT COLLECTORATE, THIRUVANANTHAPURAM-695001.

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4 POWER GRID CORPORATION OF INDIA LTD., PALLIPPURAM POST, THIRUVANANTHAPURAM-695316, REPRESENTED BY THE CHIEF MANAGER.

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SMT.A.C.VIDHYA, GOVERNMENT PLEADER FOR R1 TO R3 ADVOCATE SRI.MILLU DANDAPANI FOR R4.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No.31884 of 2018

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Dated this the 16^th day of November, 2018

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows.

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“ i. call for records relating to Exhibits P1 to P9; ii. issue a writ of mandamus or other appropriate writ or order or direction, directing the 2^nd respondent to pass award under section 28A of the Land Acquisition Act in LACs No.02, 35 and 67 of 2001 in a time limit to be fixed by this Hon'ble Court and thereby further directing the 4^th respondent to disburse the purported enhanced compensation to the petitioners in a stipulated time fixed by this Honourable Court; and

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iii. pass such other and further orders as are deemed fit and necessary in the interests of justice.”

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Heard Sri.K.Sajan Varghese, learned counsel

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appearing for the petitioners, and Smt.A.C.Vidhya, learned Government Pleader appearing for R1 to R5 and Sri.Millu Dandapani, learned Standing Counsel for the Power Grid Corporation of India Ltd., appearing for R4.

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It appears that in similar cases this Court has passed judgments as in Ext.P-6 judgment dated 23.9.2009 in WP(C).No.25873 of 2009 etc. Now it is submitted by the learned

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W.P.(C).No.31884/2018

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..3..

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counsel for the petitioners that calculation statement have already been filed as per Exts.P-2 & P-4 and that neighbouring property owners have been disbursed enhanced compensation as per Exts.P-6 & P-7, etc. Accordingly it is ordered, that the competent authority among the respondents 2 and 3 will pass orders/award on the abovesaid applications filed by the petitioners as per Section 28A of the Land Acquisition Act,1894 referred to in this petition without much delay preferably within a period of 2 months from the date of production of a certified copy of this judgment and after granting reasonable opportunity of being heard to the petitioners.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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W.P.(C).No.31884/2018

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..4..

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC NO.02/2001 DATED 15.10.2001. EXHIBIT P2 TRUE COPY OF THE CALCULATION STATEMENT MADE IN LAC NO.2/2001. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 26.7.2001 ISSUED TO THE 2ND PETITIONER. EXHIBIT P4 TRUE COPY OF THE CALCULATION STATEMENT IN LAC NO.35/2001 MADE BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 15.10.2001 ISSUED TO THE 3RD PETITIONER AS LAC NO.67/2001 BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23.9.2009 PASSED IN WPC NO.25873/2009 ON THE FILE OF THIS HONOURABLE COURT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 10.8.2016 PASSED IN COMPLAINT NO.1336/2014B BY KERALA LOK AYUKTA. EXHIBIT P8 TRUE COPY OF THE PETITION DATED 13.6.2017 SUBMITTED BY THE FIRST PETITIONER. EXHIBIT P9 TRUE COPY OF THE PETITION DATED 13.6.2017 SUBMITTED BY THE 2ND PETITIONER.

Abdul Karim .M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Karim .M v. State of Kerala

Case brief

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