Allowed
Moidutty, v. Union of India
Kerala HCWP(C)/2259/2022
Case brief
AI extract
What is this about?
The Kerala High Court held that Section 94 of the 2013 Act, which protects the right of an owner to demand full acquisition of a building rather than part, applies to land acquired under the National Highways Act. The Court ruled that while the procedural bar on possession may not apply, the substantive right to full acquisition and compensation under Section 28 must be recognized to prevent loss
What did the court decide?
Direction granted to the competent authorities to consider the petitioners' requests for either full acquisition of the remaining land/building or compensation for the loss due to severance, applying