M/S. Geotech Foundations And ... vs State Of Kerala
2025 Latest Caselaw 6625 Ker

Kerala High Court

M/S. Geotech Foundations And ... vs State Of Kerala on 12 June, 2025

W.P.(C).No.27051 of 2016
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                    THE HONOURABLE MR. JUSTICE S.MANU

     THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947

                         WP(C) NO. 27051 OF 2016


PETITIONER:

              M/S. GEOTECH FOUNDATIONS AND CONSTRUCTIONS
              AGED 68 YEARS
              REPRESENTED BY ITS PARTNER C.J RAJAN, S/O. LATE GEORGE,
              KERALA STATE HOUSING BOARD OFFICE COMPLEX, PANAMPILLY
              NAGAR, KOCHI 36


              BY ADVS.
              SHRI.T.R.S.KUMAR
              SMT.DEENA JOSEPH
              SRI.K.V.SABU
              SRI.SOBIN SOMAN




RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY,
           THIRUVANANTHAPURAM - 695 001.

     2        THE LAND REVENUE COMMISSIONER,
              THIRUVANANTHAPURAM - 695 001.

     3        DISTRICT COLLECTOR
              ERNAKULAM,COLLECTORATE, KAKKANAD - 682 030.

     4        STATE OF KERALA
              REPRESENTED BY THE SPECIAL TAHSILDAR (L.A), CORPORATION
              OF KOCHI , VYTTILA - 682 019.

     5        CORPORATION OF KOCHI,
              REPRESENTED BY ITS SECRETARY, PARK AVENUE,
              KOCHI - 682 011.
 W.P.(C).No.27051 of 2016
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           BY ADVS.
           SPL. GOVERNMENT PLEADER - JAFFER KHAN
           SRI.V.PHILIP MATHEWS
           SHRI.D.G.VIPIN



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

12.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.27051 of 2016
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                                 S.MANU, J.
                 --------------------------------------------------
                       W.P.(C).No. 27051 of 2016
                  -------------------------------------------------
                Dated this the 12th day of June, 2025

                                JUDGMENT

Property of the petitioner - firm was acquired pursuant to

the proceedings commenced with issuance of Ext.P5

notification dated 14.08.2012 issued under Section 4(1) of the

Land Acquisition Act, 1894. Before the award was issued, the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 came

into force. Exts.P18 and P22 awards were passed only on

14.05.2015 and 28.05.2015 respectively. Petitioner approached

this Court contending that they are entitled for re-

determination of compensation in accordance with the

provisions of the 2013 Act. In view of the provisions of Section

24 of the new Act, in case the award is not made as on

01.01.2014, the date of commencement of the Act of 2013, in

proceedings initiated under the old Act, compensation has to

be determined under the provisions of the Act of 2013. This

position of law was clarified by the Hon'ble Supreme Court in

Indore Development Authority v. Manoharlal and others

Etc. [AIR 2020 SC 1496].

2. It is also relevant to note that the issue was decided

against the State by this Court in the judgment in W.P(C)No.

10525 of 2018 dated 19.6.2019 as also in W.P(C)No.34000 of

2016 and connected cases dated 28.10.2023.

3. Therefore, this writ petition is allowed. Exts.P18 and

P22 awards are set aside. Respondents shall re-determine the

compensation payable to the petitioner in accordance with the

provisions of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act, 2013,

and make consequential payments within a period of five

months from the date of issuance of a copy of this judgment.

Writ petition is disposed of accordingly.

Sd/-

S.MANU JUDGE rp

APPENDIX OF WP(C) 27051/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.148/2014 DATED 10.01.2014.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.4360/1996 OF ERNAKULAM SRO.

EXHIBIT P3 TRUE COPY OF SALE DEED NO.3771/2011 DATED 19.01.2011 OF ERNAKULAM SRO.

EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.732/2013 DATED 25.02.2013.

EXHIBIT P5 TRUE COPY OF THE 4(1) NOTIFICATION DATED 14.08.2012.

EXHIBIT P6 TRUE COPY OF BASIC VALUATION REPORT (BVR) DATED 20.12.2012.

EXHIBIT P7 TRUE COPY OF BUILDING PERMIT NO.MOP2-142/06 DATED 19.08.2006 WAS PASSED BY COCHIN CORPORATION.

EXHIBIT P8 TRUE COPY OF CLAIM STATEMENT DATED 03.09.2012.

EXHIBIT P9 TRUE COPY OF CLAIM STATEMENT DATED 12.10.2012.

EXHIBIT P10 TRUE COPY OF AGREEMENT DATED 07.01.2013. EXHIBIT P11 TRUE COPY OF THE AGREEMENT DATED 19.07.2013. EXHIBIT P12 TRUE COPY OF THE AGREEMENT DATED 19.07.2013. EXHIBIT P13 TRUE COPY OF THE AGREEMENT DATED 19.07.2013. EXHIBIT P14 TRUE COPY OF THE AGREEMENT DATED 02.08.2013. EXHIBIT P15 TRUE COPY OF THE AGREEMENT DATED 02.08.13. EXHIBIT P16 TRUE COPY OF THE AGREEMENT DATED 02.08.2013. EXHIBIT P16 TRUE COPY OF THE AGREEMENT DATED 02.08.2013. EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 03.07.2014. EXHIBIT P18 TRUE COPY OF AWARD DATED 14.05.2015. EXHIBIT P19 TRUE COPY OF AWARD DATED 28.05.2015. EXHIBIT P20 TRUE COPY OF AWARD DATED 28.05.2015. EXHIBIT P21 TRUE COPY OF AWARD DATED 28.05.2015. EXHIBIT P22 TRUE COPY OF AWARD DATED 28.05.2015.

RESPONDENT EXHIBITS

EXHIBIT R3(a) TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ERNAKULAM DATED 23.11.2013.

EXHIBIT R3(b) TRUE COPY OF THE MINUTES DATED 30.10.2012 OF DLPC.

EXHIBIT R3(c) SERIES TRUE COPY OF THE AGREEMENTS DATED 07.01.2013 AND 02.08.2013.

EXHIBIT R3(d) TRUE COPY OF THE MEMORANDUM OF WRIT PETITION (C)NO.27680/2013.