Kerala High Court
Joy Pullukkara vs State Of Kerala on 30 October, 2024
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W.P.(C) No.9303 of 2018
2024:KER:80826
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 9303 OF 2018
PETITIONERS:
1 JOY PULLUKKARA
AGED 59 YEARS, S/O.PULLUKKARA VAREED,
NEAR POLICE STATION, CHALAKUDY-680307.
2 WILSON
S/O.KIZHAKKUMTHALA JOSE, AGED 54,
EAST CHALAKUDY-680307.
BY ADVS.
SIRAJ KAROLY
MOHAMMED SHAD K.A.(K/001636/2023)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SPECIAL TAHSILDAR - LA GENERAL
CIVIL STATION, THRISSUR-680020.
3 THE DISTRICT COLLECTOR
CIVIL STATION, THRISSUR-680020.
BY ADV.
SRI.JAFFER KHAN Y., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.9303 of 2018
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HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.9303 of 2018
------------------------------
Dated this the 30th day of October, 2024
JUDGMENT
The petitioners have filed the captioned writ petition
pointing out that some of their properties were proceeded
against with reference to the provisions under the Land
Acquisition Act, 1894 (hereinafter referred to as the "Old Act"),
and ultimately the Award has been issued as evidenced by
Ext.P10, subsequent to the introduction of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred
to as the New Act).
2. The petitioners challenge the Award at Ext.P10
essentially through this writ petition.
3. I have heard Sri.Siraj Karoly, the learned counsel for
the petitioners and Sri.Jaffer Khan Y., the learned Senior
Government Pleader.
4. This Court notices that Ext.P10 is issued on
24.06.2016, admittedly after the introduction of the New Act.
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5. This Court also notices the provisions of Section 24
of the New Act, to the extent relevant herein, reads as under;
"24. Land acquisition process under Act No. 1 of 1894
shall be deemed to have lapsed in certain cases.-(1)
Notwithstanding anything contained in this Act, in any case
of land acquisition proceedings initiated under the Land
Acquisition Act, 1894,--
(a) where no award under section 11 of the said Land
Acquisition Act has been made, then, all provisions of
this Act relating to the determination of compensation
shall apply; or
(b) where an award under said section 11 has been
made, then such proceedings shall continue under the
provisions of the said Land Acquisition Act, as if the
said Act has not been repealed."
6. In the light of the above, in situations where the
Award is not issued under the Old Act, with reference to the
provisions of Section 11 thereunder, the provisions of the New
Act relating to the determination of the compensation have to
apply. This issue is already decided against the State in the
judgments in W.P.(C).Nos.10525 of 2018 dated 19.06.2019
and W.P.(C).No.34000 of 2016 and connected cases dated
28.10.2023.
7. This Court also notices the submission made by the
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learned Senior Government Pleader, Sri.Jaffer Khan,
vehemently that no such prayer has been made in this writ
petition.
8. However, this Court is of the opinion that since the
afore is only a question of law, even without there being an
averment to that effect in the writ petition, relief can be granted
to the petitioners.
In the light of the above, this writ petition would stand
disposed of, setting aside Ext.P10 Award issued by the 2nd
respondent. There will also be a direction to the said
respondent to issue fresh proceedings in accordance with the
principles laid down as above.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) 9303/2018
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF GO(RT)NO.3085/14/RD DATED
05/07/2014.
EXHIBIT P2- TRUE COPY OF MINUTES OF MEETING HELD ON
26/05/2015.
EXHIBIT P3- TRUE COPY OF CONSENT LETTER DATED
26/05/2015 FROM PETITIONER & WIFE.
EXHIBIT P4- TRUE COPY OF REPRESENTATION DATED
04/11/2016 BY 1ST PETITIONER & WIFE.
EXHIBIT P5- TRUE COPY OF REPRESENTATION DATED
21/10/2016 SUBMITTED BY 2ND PETITIONER.
EXHIBIT P6- TRUE COPY OF REPLY F392/14 DATED
09/01/2017 FROM 2ND RESPONDENT.
EXHIBIT P7- TRUE COPY OF REPLY F135/14 DATED
27/01/2017.
EXHIBIT P8- TRUE COPY OF LETTER E6-18736/10 DATED
10/11/2017 ISSUED BY 2ND SECOND TO 1ST
PETITIONER & WIFE.
EXHIBIT P9- TRUE COPY OF LETTER E6-18736/10(2) DATED
10/11/2017 ISSUED BY SECOND RESPONDENT TO
THE 1ST PETITIONER.
Exhibit P10- TRUE COPY OF THE COMMON AWARD WITH
RESPECT TO THE PETITIONERS PROPERTY DATED
24.06.2016
