Petitioner claimed unpaid land acquisition compensation finalised by a reference court. Court directed State and requisitioning authority to pay 50% within 45 days and balance amount additionally in 45 days.
Direction to respondents to deposit 50% of compensation within 45 days and balance within a further 45 days.
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 SHAJI P.CHALY
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939
WP(C).No. 33 of 2018
PETITIONER:
LEKHA GOPALAKRISHNAN, W/O.LATE GOPALAKRISHNAN, AGED 62, SREEVALSAM, BELHEAVEN, KOWDIAR, THIRUVANANTHAPURAM.
BY ADVS.SRI.L.MOHANAN SMT.LIGEY ANTONY
RESPONDENT(S):
1. STATE OF KERALA,
2. DISTRICT COLLECTOR,
3. SPECIAL TAHSILDAR,
4. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, THIRUVANANTHAPURAM - 695 582.
R1 TO R4 BY SPL.GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 33 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE COMMON JUDGMENT DATED 23.07.2014 IN LAR 40/2010 AND LAR 60/2010 ON THE FILE OF THE SUB COURT, ATTINGAL. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE DECREE DATED 23.07.2014 IN L.A.R 60 ON THE FILE OF THE SUB COURT, ATTINGAL. |
| EXHIBIT P3 |
COPY OF SETTLEMENT OF ACCOUNTS SUBMITTED IN EP.71/2014 ON THE FILE OF THE SUB COURT, ATTINGAL. |
| EXHIBIT P4 |
TRUE COPY OF THE DEATH SUMMARY OF THE PETITIONER'S HUSBAND AT SUT HOSPITAL, PATTOM, THIRUVANANTHAPURAM. |
| EXHIBIT P5 |
COPY OF THE JUDGMENT DATED 16.06.2017 IN WRIT APPEAL NO:1221 OF 2017. |
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
W.P.(C). No. 33 OF 2018
Dated this the 07th day of February, 2018
JUDGMENT
Petitioner in this writ petition is a claimant in LAR No. 60/2010 on the files of the Subordinate Judges Court, Attingal. According to the petitioner, an extent of 346.98 Ares of dry land comprised in Survey No. 402/06 of Pallipuram Village was acquired for the purpose of IVth phase development of Techno Park, Thiruvananthapuram. The notification was dated 15.12.2006, and an award was passed on 30.05.2009, granting an amount of Rs. 6,65,69,740/- and the possession was taken on 17.07.2009. Being dissatisfied with the award petitioner sought reference under Section 18 of the Land Acquisition Act, 1894. The land acquisition reference court has passed an award, which attained finality. Thereafter, petitioner has filed E.P.No. 71/2014 before the Subordinate Judges Court. According to the petitioner, an amount of Rs. 9,05,88,073/- is due to the
W.P.(C). No. 33 of 2018 2
petitioner, in accordance with the award passed by the reference Court, as on 27.01.2017. According to the petitioner, inspite of sufficient number of postings, no payment is effected by the respondents and it is thus seeking appropriate directions, this writ petition is filed.
W.P.(C). No. 33 of 2018 3
Park. The State Government is the acquisition authority, which is liable to pay the amount on passage of the award by the reference court. However, learned Special Government Pleader pointed out that some time may be granted taking into account the financial year ending, as on 31.03.2018.
Writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY JUDGE
DCS
//True Copy//
P.A. to Judge
2 issues framed by the court
Whether the petitioner is entitled to recover the balance compensation pending after the award became final.
Whether directions can be issued to the respondents for the payment of the outstanding compensation amount.
1 provisions across 1 enactments
LEKHA GOPALAKRISHNAN
STATE OF KERALA
DISTRICT COLLECTOR
SPECIAL TAHSILDAR
THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, THIRUVANANTHAPURAM
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
