IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 6115 of 2011(L) ------------------------- PETITIONERS: --------------- 1. PARAMESWARAN THAMPI, AGED 58 YEARS, S/O. NARAYANAN NAIR, RAGAMALIKA ARASUMOODU, KULATHOOR P.O. ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2. ATHIRA THAMPI, D/O. N.PARAMESWARAN THAMPI, OF DO DO REP. BY HER POWER OF ATTORNEY HOLDER R.S.NIRMALAKUMARI OF DO- BY ADV. MR.R.T.PRADEEP MR.V.VIJULAL RESPONDENT: --------------- THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.M.MUHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6115 of 2011(L) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: AWARD IN L.A.R.NO.118/06 DTD. 10.11.2009. EXT.P2: APPLICATION DTD. 29.12.2009 UNDER SECTION 28A OF THE ACT. EXT.P3: PROCEEDINGS DTD. 24.7.2010 OF THE RESPONDENT. EXT.P4: POWER OF ATTORNEY OF THE 2ND PETITIONER. EXT.P5: AWARD DTD. 8.8.2010 IN L.A.R275/2007 PASSED BY THIRUVANANTHAPURAM DISTRICT LEGAL SERVICES AUTHORITY. EXT.P5(a): AWARD DTD. 8.8.2010 IN L.A.R.118/06 PASSED BY THIRUVANANTHAPURAM DISTRICT LEGAL SERVICES AUTHORITY. EXT.P5(b): AWARD DTD. 8.8.2010 IN L.A.R.456/08 PASSED BY THIRUVANANTHAPURAM DISTRICT LEGAL SERVICES AUTHORITY. EXT.P5(c): AWARD DTD. 8.8.2010 IN L.A.R.400/05 PASSED BY THIRUVANANTHAPURAM DISTRICT LEGAL SERVICES AUTHORITY. RESPONDENT'S EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.6115 Of 2011 ---------------------- Dated this the 12th day of October, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the respondent to re-determine the amount of compensation sought for in Ext.P2 in terms of Ext.P3 within such time fixed by this Court. 2. Heard the learned counsel for the petitioners and the learned Government Pleader. 3. The property belonging to the petitioners was acquired for the development of Techno Park, Kazhakkoottam. Petitioners submitted an application before the respondent under Section 28A of the Land Acquisition Act for re-determination of compensation in terms of the award passed by the reference court. It is pointed out that taking into account the fact that large number of cases are pending for determination for compensation, the District Collector envisaged a settlement scheme by proposing enhanced land value per Are for each category of property by Ext.P3 proceedings dated 24.7.2010. It is also pointed out that L.A.R cases pending before the reference court were settled in the Adalat in terms of Ext.P3 proceedings. ::2:: W.P.(C).No.6115 Of 2011 The petitioners' seek re-determination of enhanced compensation in terms of the settlement scheme proposed within a time frame. 4. Petitioners sought enhanced compensation under Section 28A of the Land Acquisition Act. Ext.P2 is the copy of the application dated 29.12.2009. Petitioners submit that compensation may be re-determined in terms of Ext.P3 proceedings. According to the petitioners, the claimants, whose cases were settled in terms of Ext.P3, stand on a very same footing as that of the petitioners. It is pointed out that the award passed in the Adalat under Section 21 of the Legal Services Authorities Act, 1987, can be reckoned for re-determination of compensation under Section 28A of the Land Acquisition act. In the aforesaid facts and circumstances, the writ petition is disposed of directing the respondent to consider and pass appropriate order on Ext.P2 application, after affording an opportunity of being heard to the petitioners, within a period of three months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-