Review petter allowed and judgment in structure order recalled. Court reviewed judgment to align with land acquisition appeals and stay order granted to Government with compensation deposit condition.
Judgment in OP(C) No. 1395 of 2021 recalled to align with pending land acquisition appeals and stay conditions.
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.
RP.231/22
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943
RP NO. 231 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPC 1395/2021 OF HIGH COURT OF
KERALA
OPC 1395/2021 OF HIGH COURT OF KERALA
OP(C) 1395/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
STATE OF KERALA, REPRSENTED BY THE
SPECIAL TAHSILDAR (LA), RAILWAYS, KAYAMKULAM, PIN - 690106
BY GOVERNMENT PLEADER VENUGOPAL V.
RESPONDENT/S:
OTHER PRESENT:
SC FOR RAILWAYS A.DINESH RAO
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP.231/22
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V.G.ARUN, J.
R.P.No. 231 of 2022
in O.P(C).No. 1395 of 2021
Dated this the 8th day of March, 2022
O R D E R
This review petition is filed pointing out that, subsequent to the judgment of this Court, the Government has preferred Land Acquisition Appeals challenging the awards which are sought to be executed by the original petitioner. It is submitted that in connected appeals, this court has stayed the execution, subject to deposit of 50% of the compensation amount with proportionate interest and cost before the Authority within 60 days. The claimant has also been given liberty to move the Authority for withdrawal of the deposited amount in accordance with law.
2.Learned Government Pleader points out that since this court has stipulated a time limit for disposal of the execution petition, appeal in this case has not been brought up for consideration. It is submitted that it would be beneficial for the claimant also if an order, as in the other appeals, is passed in his case.
RP.231/22
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limit is stipulated in these original petitions, I deem it appropriate to review the judgment, particularly in view of the fact that, while admitting the appeals and granting stay, this court is directing payment of 50% of the compensation amount.
In that view of the matter, the review petition is allowed and the judgment is recalled.
Sd/-
V.G.ARUN, JUDGE
vgs
2 issues framed by the court
Whether to recall the judgment in a review petition where the Government preferred land acquisition appeals against execution awards with interim stay.
Whether to review the earlier order allowing execution pending disposal of land acquisition appeals.
STATE OF KERALA
K.M. SAROJINI
SOUTHERN RAILWAYS, ERNAKULAM
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
