Prakasan vs State Of Kerala
2022 Latest Caselaw 3376 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                           WP(C) NO. 2934 OF 2022
PETITIONER:

             PRAKASAN
             AGED 61 YEARS
             S/O. RAGHAVAN, PUTHUVALCHIRA HOUSE, NADUBHAGAM MURI,
             THAYCATTUSSERY VILLAGE, MANAPURAM P.O., CHERTHALA
             TALUK-688 554
             BY ADVS.
             P.M.JOSHI
             SIJI K.PAUL
             BONNY BABY


RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA
             DISTRICT, ALAPPUZHA-688001
      2      THE SPECIAL TAHSILDAR,
             LAND ACQUISITION (GENERAL) ALAPPUZHA, ALAPPUZHA-
             688001
      3      THE EXECUTIVE ENGINEER,
             ROADS AND BRIDGES , PUBLIC WORKS DEPARTMENT,
             ALAPPUZHA-688001.




             SMT. MABLE .C .KURIAN SR.G.P



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2



W.P.(C) No. 2934 of 2022




                           JUDGMENT

Dated this the 22nd day of March, 2022.

The petitioner alleges that only a portion of his

property and building thereon has been acquired by the

requisitioning Authority under the provisions of the Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013,

(hereinafter referred to as the "Act" for short) and that

this is in violation of Section 94 of the said Act. He also

impels an adscititious contention that the Award now

issued is woefully insufficient and that he has, thereafter,

preferred Ext.P10 application before the District

Collector, under the provisions of Section 64 of the said

W.P.(C) No. 2934 of 2022

Act.

2. Sri.P.M.Joshi - learned counsel for the

petitioner, submitted that Exts.P4 and P6 applications, in

fact, had been preferred before the competent Tahsildar

under Section 94 of the "Fair Compensation Act", but

that no action has been taken thereon, thus constraining

him to now prefer Ext.P10 application before the District

Collector seeking a reference under Section 64 of the

Act. He, therefore, prayed that Ext.P10 be directed to be

taken up and referred by the District Collector to the

competent Authority without any further delay.

3. In response, Smt.Mable C Kurain - learned

Senior Government Pleader, submitted that going by

Section 3(g) of the "Fair Compensation Act", the word

Collector can also take in a Deputy Commissioner or any

W.P.(C) No. 2934 of 2022

other officers specifically designated by the Government

to perform the duties of a Collector. She submitted that,

therefore, if this Court is inclined to direct the Collector to

take up Ext.P10, liberty may also be reserved to him to

transmit it to the competent officer, if there is any

notification under the afore provision.

4. When I consider the afore submissions, it is

clear that petitioner has two limbs to his plea: namely,

that his entire property be acquired under the provisions

of Section 94 of the Act; and that the Award issued in his

favour be referred to the competent Authority by the

District Collector under Section 64 of the Act. Since

Ext.P10 is an application made by the petitioner for both

such purposes, I am of the firm view that the District

Collector, or such other competent official, must consider

W.P.(C) No. 2934 of 2022

it and make the reference to the competent Authority

under Section 64 of the "Fair Compensation Act" without

any further delay.

Resultantly, I order this writ petition and direct the

District Collector to take up Ext.P10 and make a

reference under Section 64 of the "Fair Compensation

Act" to the competent Authority, without any further

delay but not later than two weeks from the date of

receipt of a copy of this judgment. If, on the other hand,

another officer has been designated under the provisions

of Section 3(g) of the "Fair Compensation Act", then the

District Collector shall transmit Ext.P10 to such officer,

who will then Act in terms of the afore directions within

the time frame fixed.

Needless to say, the petitioner's request under

W.P.(C) No. 2934 of 2022

Section 94(1) of the Fair Compensation Act will also be

considered by the competent Authority once the

reference is made, since it intricately and inexorably

relates to the value of compensation granted under the

Award.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/23.03.2022.

W.P.(C) No. 2934 of 2022

APPENDIX OF WP(C) 2934/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 15.9.2021 ISSUED TO THE PETITIONER FROM THE THYCATTUSSERY VILLAGE OFFICER Exhibit P2 THE TRUE COPY OF THE NOTIFICATION KERALA GAZETTE NO.364 (EXTRAORDINARY) REHABILITATION AND RESETTLEMENT ACT 2013 DATED 04.02.2020 Exhibit P3 THE TRUE COPY OF THE 11(1) NOTICE DATED 01.09.2021 ISSUED BY 2ND RESPONDENT TO THE PETITIONER Exhibit P4 THE TRUE COPY OF THE APPLICATION/REQUEST DATED 28.09.2021 OF THE PETITIONER TO THE 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE NOTICE UNDER SECTION 26 OF THE ACT DATED 22.10.2021 Exhibit P6 THE TRUE COPY OF THE REPLY DATED 25.11.2021 BY THE PETITIONER Exhibit P7 THE TRUE COPY OF THE LETTER DATED 12.10.2021 ISSUED BY COLLECTOR TO 3RD RESPONDENT Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS DATED

W.P.(C) No. 2934 of 2022

08.12.2021 OF 2ND RESPONDENT Exhibit P9 THE TRUE COPY OF THE AWARD PASSED BY 1ST RESPONDENT WITH COVERING LETTER DATED 28.12.2021 Exhibit P10 THE TRUE COPY OF THE APPLICATION DATED 11.01.2022 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT Exhibit P11 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ON 11.2.2022