Kerala High Court
The State Of Kerala vs Elsy Peter on 29 February, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
LA.APP. NO. 372 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 29.11.2014 IN LAR
NO.23 OF 2013 OF PRINCIPAL SUB COURT, KOTTAYAM
----
APPELLANTS/RESPONDENTS 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, KOTTAYAM-686 001.
2 THE SPECIAL TAHSILDAR L.A.(RAILWAY),
KOTTAYAM-686 001.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 KURIAN, S/O.VARKEY, VAKKEL HOUSE, VELLASSERY,
KADUTHURUTHY VILLAGE, VAIKOM TALUK,
KOTTAYAM-686 604.
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682 011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.MATHEW JOHN K FOR R1
SRI.K.S.PRENJITH KUMAR, STANDING COUNSEL FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App.No.60/2019, 381/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA App.No.372/2015 & conn.cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
LA.APP. NO. 60 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 29.11.2014 IN LAR
NO.21/2014 OF PRINCIPAL SUB COURT, KOTTAYAM
----------
APPELLANTS/RESPONDENTS IN L.A.R.:
1 THE STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM-686001.
2 THE SPECIAL TAHSILDAR LA (RAILWAY),
KOTTAYAM-686001.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENT/CLAIMANT IN L.A.R.:
1 ELSY PETER, NILAPPANA PUSHPAMANGALTHU,
VELLASSERY, KADUTHURUTHY VILLAGE, VAIKOM TALUK,
KOTTAYAM-686604.
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682001.
BY ADVS.
SRI.MATHEW JOHN (K) FOR R1
SRI.MATHEW DEVASSI FOR R1
SRI.ABY J AUGUSTINE FOR R1
SRI.IMTHIYAS AHAMED FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP. NO. 381 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 29.11.2014 IN LAR
NO.5/2013 OF PRINCIPAL SUB COURT, KOTTAYAM
--------
APPELLANTS/RESPONDENTS 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A. (RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 JOSEPH JOSEPH, MADAKKAMPURATHU PUTHANPURAYIL,
POOZHIKKOL, KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM - 686 604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM - 682 031.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.MATHEW JOHN K FOR R1
SRI.K.S.PRENJITH KUMAR, STANDING COUNSEL FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP. NO. 389 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 29.11.2014 IN LAR
NO.39/013 OF PRINCIPAL SUB COURT
------
APPELLANTS/RESPONDENTS 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A. (RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 JOSEPH, KUMMANAMKOTTU, KADUTHURUTHY,
POOZHIKKOL, KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM-686604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.JOHN MATHEW,SC, RAILWAYS
SRI.P.P.M.NAJEEB KHAN, SC, RAILWAYS
SRI.MATHEW JOHN K FOR R1
SRI.SREEJITH P.R., STANDING COUNSEL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App.372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP.NO.450 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 IN LAR
NO.9/2013 OF PRINCIPAL SUB COURT, KOTTAYAM
--------
APPELLANTS/RESPONDENT 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A.(RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 V.N.DINESH KUMAR, VETTOOR HOUSE, VELLASSERY,
KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT-686604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.JOHN MATHEW,SC, RAILWAYS
SRI.P.K.SAJEEV, SC, RAILWAYS
SRI.MATHEW JOHN K FOR R1
SMT.MINI GOPINATH, CGC
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP. NO.454 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2024 IN LAR NO.15 OF
2013 OF PRINCIPAL SUB COURT, KOTTAYAM
---------
APPELLANTS/RESPONDENTS 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A
(RAILWAY), KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 PAUL, S/O.VARKEY, KAMMATHURUTHEL, VELLASSERY,
KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM - 686 604.
2 DEPUTY CHIEF ENGINEER CONSTRUCTIONS),
SOUTHERN RAILWAY, ERNAKULAM-682 011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.MATHEW JOHN K FOR R1
SMT.MINI GOPINATH, CGC, FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP. NO.456 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 IN LAR
NO.11/2013 OF PRINCIPAL SUB COURT, KOTTAYAM
-----------
APPELLANTS/RESPONDENT NOS.1 & 2:
1 STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A (RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 BINEESH, S/O.KRISHNANKUTTY, POOVAKKULATHY VELLASSERY,
KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM
DISTRICT-686604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.S.CHANDRASENAN, SC, RAILWAYS FOR R2
SRI.MATHEW JOHN K FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
LA.APP. NO. 464 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 IN LAR
NO.37 OF 2013 OF PRINCIPAL SUB COURT, KOTTAYAM
------
APPELLANTS/RESPONDENTS 1 & 2:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A.(RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS & 3RD RESPONDENT:
(*1 PANNIKKAL KRISHNAN NARAYANAN,
NADUVATHU, VELLASSERY, KADUTHURUTHY P.O.,
KADUTHURUTHY VILLAGE, VAIKOM TALUK,
KOTTAYAM DISTRICT-686 604.)DELETED
(IST RESPONDENT IS DELETED FROM THE PARTY ARRAY
AT THE RISK OF APPELLANT VIDE ORDER DATED
07.08.2017 IN I.A.1239/2016.)
2 JOSE, S/O.VARKEY, KAMMATHURUTHEL, VELLASSERY,
KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT-686 604.
3 DEPUTY CHIEF ENGINEER (CONSTRUCTIONS),
SOUTHERN RAILWAY, ERNAKULAM-682 011.
LA App.No.372/2015 & conn.cases 9
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R2
SRI.P.K.SAJEEV, SC, RAILWAYS FOR R3
SRI.MATHEW JOHN K FOR R2
SRI.S.BIJU, CGC FOR R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
LA.APP. NO. 190 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 31.08.2015 IN LAR
NO.22/2014 OF ADDL.SUB COURT, KOTTAYAM
-----------
APPELLANTS/RESPONDENTS 1 & 2:
1 STATE OF KERALA, REPRESENTED BY THE
DISTRICT COLLECTOR, KOTTAYAM
2 THE SPECIAL TAHSILDAR L.A, (RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 SRI. PAUL, S/O. VARKEY, KUMMATHURUTHEL,
VELLASSERY, KADUTHURUTHY-686 604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682 016.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.S.PRASHANTH, SC, RAILWAYS
SRI.MATHEW JOHN K FOR R1
SMT.MINI GOPINATH, CGC
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
LA.APP. NO. 66 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 IN LAR NO.61 OF
2013 OF PRINCIPAL SUB COURT, KOTTAYAM
------
APPELLANTS/RESPONDENT NOS.1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR L.A. (RAILWAY),
KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 3RD RESPONDENT:
1 K.V.PAUL, KAMMATHURUTHEUL, VELLASSERY KARA,
KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT-686604.
2 DEPUTY CHIEF ENGINEER (CONSTRUCTIONS),
SOUTHERN RAILWAY, ERNAKULAM-682011.
BY ADVS.
SRI.DOMSON J.VATTAKUZHY FOR R1
SRI.JOHN MATHEW,SC, RAILWAYS
SRI.S.CHANDRASENAN, SC, RAILWAYS
SRI.MATHEW JOHN K FOR R1
BYSRI.K.S.PRENJITH KUMAR, STANDING COUNSEL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
LA.APP. NO. 73 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 31.08.2015 IN LAR
NO.20/2014 OF SUB COURT, KOTTAYAM
------
APPELLANTS/RESPONDENTS 1 AND 2:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, KOTTAYAM.
2 THE SPECIAL TAHSILDAR,
LA (RAILWAY), KOTTAYAM.
BY SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT 7 3RD RESPONDENT:
1 ELSY PETER, NILAPPANA, PUSHPAMANGALATH -
VELLASSERY, KADUTHURUTHY-686 604.
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM-682 011.
BY ADVS.
SRI.MATHEW JOHN (K) FOR R1
SRI. SREEJITH P. R., STANDING COUNSEL FOR R2
SRI.DOMSON J.VATTAKUZHY FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
29.02.2024, ALONG WITH LA.App..372/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA App.No.372/2015 & conn.cases 13
JUDGMENT
[LA.App.Nos.372/2015, 60/2019, 381/2015, 389/2015,
450/2015, 454/2015, 456/2015, 464/2015, 190/2017, 66/2016,
& 73/2016]
A.Muhamed Mustaque, J.
These appeals are filed by the State, arising from the
judgment of the reference court. The lands were acquired
from the claimants for the purpose of doubling of railway
line from Mulamthuruthy-Chengannoor. The acquired
lands admittedly in the following cases stand in 'D, E and D
& E Categories':
Sl.No. LA Appeal No. Category
1 372/2015 D
2 381/2015 D
3 389/2015 D
4 454/2015 D
5 66/2016 D
6 60/2019 E
7 450/2015 E
8 456/2015 E
9 464/2015 E
10 73/2016 E
11 190/2017 D&E
2. The learned Government Pleader submitted that
this Court has scaled down the land value in respect of
'Category D' in LA App.No.303/2016 by refixing at
Rs.1,58,233/- per Are. The reference court in 'D category',
awarded the land value at the rate of Rs.1,85,250/- per
Are. Therefore, it is submitted that in respect of 'D
Category', the enhancement granted by the reference
court shall be reduced. However, he fairly conceded that
in respect of 'E Category' the amount awarded is only
Rs.18,525/- per Are.
3. The learned counsel for the claimants submitted
that in LAR Nos.60/2013 and 90/2013, the reference court
fixed the land value at Rs.2,47,000/- per Are and neither
the State nor the requisition authority-railway had
challenged the award. It is further submitted that the
entire amount to the claimant in LAR Nos.60/2013 and
90/2013 stood satisfied as the Railway deposited the entire
amount before the execution court. It is argued that in
view of the finality attained in the award in LAR
Nos.60/2013 and 90/2013, the claimants are entitled to a
parity treatment. It is to be noted that in all these cases
originally the land acquired was classified as 'E Category'
and thereafter, the reference court converted it to 'D
Category'. Though recategorisation was done, the
reference court did not award the same amount awarded
to the land acquired, which is the subject matter of
reference under LAR Nos.60/2013 and 90/2013.
4. The learned Government Pleader submitted that
though they have not preferred an appeal against the
award in LAR Nos.60 and 90/2013, it will not operate as a
resjudicata.
5. The State acquiring the property, exercising
their power, will have to treat all the similarly situated
holders of the land equally. The object behind Section 28
of the Land Acquisition Act (for short, the 'Act') is to treat
all the holders at par for the fair distribution of
compensation. Therefore, any person interested in the
land covered by the same notification and could not seek
reference within the time as provided under Section 18 of
the Act would be entitled to be treated at par with those
who have already sought reference under Section 18 of the
Act, when an enhancement is given to the latter. That
apart, the finality of an award and acceptance of the
award, demands that all should be treated at par. We
specifically note here that though the requisition authority
here is the railway, they apparently accepted the award
without any demur by depositing the same.
6. If any of the claimants had not sought a
reference under Section 18 of the Act, they would be
entitled to claim the compensation amount at par with the
claimants under LAR Nos.60/2013 and 90/2013.
Therefore, for the same reason, if they have sought a
reference, they could not put themselves in a
disadvantageous position to accept the lesser amount
awarded to them than the amount awarded to other
claimants. Though this is not a case strictly coming under
Section 28A of the Act, this Court cannot overlook the
objectives of Section 28A for treating all such persons at
par for the purpose of claiming compensation.
In the light of the above, we are of the view that these
appeals have to be dismissed, warranting no interference.
Therefore, the appeals are dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
