Allowed

C.Sarojini, v. the State of Kerala

Kerala HC6 Feb 2019WP(C)/3443/2019

Case brief

AI extract

What is this about?

The High Court set aside rejection of Section 28A applications filed by land acquisition claimants. The Court held that authorities lack competence to condition merits consideration on surrendering statutory rights to interest and remitted the matter for fresh consideration.

What did the court decide?

Impugned orders Ext.P-3 and Ext.P-2 set aside. Applications remitted to 3rd respondent for fresh consideration after hearing, to be decided within 3 months.

C.Sarojini, Vs the State of Kerala — Land Acquisition | Kerala HC (2019)

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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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WEDNESDAY, THE 06TH DAY OF FEBRUARY 2019/17TH MAGHA, 1940

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WP(C).No.3443 of 2019

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PETITIONER/S:

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C.SAROJINI, AGED 68 YEARS D/O.LATE VELLEN, PARUTHIKKADU, PALAKKODE P.O., KANNUR DISTRICT-670 305

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BY ADV. SRI.K.M.AUGUSTINE

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RESPONDENT/S:

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1 THE STATE OF KERALA

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REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

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2 THE DISTRICT COLLECTOR, KANNUR ,PIN-670 305

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3 THE SPECIAL TAHSILDAR (L.A.) GENERAL, THALASSERY

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OTHER PRESENT:

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SMT.PRIYA SHANAVAS, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2019, ALONG WITH W.P.(C).NOS.3467/2019 & 3575/2019, AND THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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ALEXANDER THOMAS, J .

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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Dated this the 6^th day of February, 2019.

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J U D G M E N T

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The prayers in W.P.(C).No.3443/2019 are as

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follows:

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(i) to issue a Writ of certiorari or such other appropriate Writ, order or direction to the respondent to call up the records and proceedings leading up to issuance of Ext P3 order and quash Ext P2 Fax Message and Ext P3 order.

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(ii) to issue a Writ of mandamus or such other appropriate Writ order or direction to the respondent directing to pass fresh award u/s 28A(2) of Land Acquisition Act granting all the statutory benefits provided u/s 23(1) A and 2 and interest provided under Sec.34 of the Kerala Land Acquisition Act over the compensation amount payable in respect of the acquired properties. (iii)Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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2. The prayers in W.P.(C).No.3467/2019 are

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as follows:

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(ii) to issue a Writ of mandamus or such other appropriate Writ order or direction to the respondent directing to pass fresh award u/s 28A(2) of Land Acquisition Act granting all

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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the statutory benefits provided u/s 23(1) A and 2 and interest provided under Sec.34 of the Kerala Land Acquisition Act over the compensation amount payable in respect of the acquired properties.

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(iii)Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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3. The prayers in W.P.(C).No.3575/2019 are

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as follows:

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(i) to issue a Writ of certiorari or such other appropriate Writ, order or direction to the respondent to call up the records and proceedings leading up to issuance of Ext P4 order and quash Ext P2 Fax Message and Ext P3 order.

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(ii)to issue a Writ of mandamus or such other appropriate Writ order or direction to the respondent directing to pass fresh award u/s 28A(2) of Land Acquisition Act granting all the statutory benefits provided u/s 23(1) A and 2 and interest provided under Sec.34 of the Kerala Land Acquisition Act over the compensation amount payable in respect of the acquired properties.

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(iii)Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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4. Heard Sri.K.M.Augustine, learned counsel

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for the petitioners and Smt.Priya Shanavas, learned Government Pleader appearing for the respondents.

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5. The respective petitioners herein have

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filed Ext.P-1 application under Sec.28A (1) of

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the Land Acquisition Act for determination of the

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compensation payable to them in respect of the

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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subject acquired properties and the said applications have been rejected by the 3^rd respondent as per the impugned Ext.P-3 orders on the ground that the petitioners have failed to give a statement of undertaking in terms of Ext.P-2 that they would forego and give up their claim for statutory interest @ 9% for the first year and 15% for the second year in order to get their Sec.28A application considered on merits.

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6. The matter in issue is no longer res integra and covered by a series of judgments including the common judgment dated 16.11.2018 in W.P.(C).No.35728/2018 and connected cases that the respondent authorities have no competence to insist conditions that the claimant concerned will have to surrender their statutory right to get interest in order to get their Sec.28A application considered on merits.

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7. Accordingly the impugned rejection

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orders as per Ext.P-3 and impugned order at

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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Ext.P-2 will stand set aside and the applications of the respective petitioners will stand remitted to the 3^rd respondent-Special Tahsildar (LA) for consideration afresh, who will after affording a reasonable opportunity of being heard to the petitioners, will take a decision thereon in accordance with law, without much delay, preferably within a period of 3 months from the date of production of a certified copy of this judgment.

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

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Sd/- ALEXANDER THOMAS, Judge.

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bkn/-

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W.P(C).Nos.3443, 3467 & 3575 Of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 SEC 28A APPLICATION DATED 07-03-2017 FILED BY THE PETITIOENR.

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EXHIBIT P2 FAX MESSAGE DATED 17-10-2017 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT BEARING NO. REVB3/733/2017.

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EXHIBIT P3 ORDER DATED 16-04-2018 IN PROCEEDINGS NO. REF. G-616/17 ISSUED BY THE 3RD RESPONDENT.

C.Sarojini, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

C.Sarojini, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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