IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 25272 of 2004(H) -------------------------- PETITIONER: ------------ 1. LAILA BEEVI, MULAKKALAZHIKATHU VEEDU, NEDUMPANA P.O., KOLLAM. 2. NADIYA, DO. 3. JASSIM, DO. 4. SAINALA BEEVI, DO. 5. ISHA BEEVI, SHAMLA MANZIL, PEROOR,TKM COLLEGE P.O., KOLLAM. BY ADV. SRI.B.SURESH KUMAR SMT.C.G.PREETHA RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE SPECIAL TAHSILDAR (LA) NATIONAL HIGHWAY, KOLLAM-691 015. 3. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.25272/04 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMENT DATED 24-11-2001 IN LAR.NO.12/92 PASSED BY THE SUB COURT, KOLLAM EXT.P2 TRUE COPY OF THE AWARD AND NOTES TO AWARD DATED 1-4-04 IN L.A.C. NO. 91/88 PASSED BY THE SECOND RESPONDENT IN FAVOUR OF THE FIRST PETITIONER. EXT.P3 TRUE COPY OF THE AWARD NOTICE DATED 12-5-04 ISSUED TO THE FIRST PETITIONER BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF THE AWARD AND NOTES TO AWARD DATED 1-4-2004 IN L.A.C.NO. 37/88 PASSED BY R2 IN FAVOUR OF PETITIONERS 1 TO 4 EXT.P5 TRUE COPY OF THE AWARD NOTICE DATED NIL ISSUED TO THE FIRST PETITIONER BY THE SECOND RESPONDENT. EXT.P6 TRUE COPY OF THE AWARD AND NOTES TO AWARD ATED 1-4-04 IN L.A.C.NO. 34/88 PASSED BY THE SECOND RESPONDENT IN FAVOUR OF THE 5TH PETITIONER. EXT.P7 TRUE COPY OF THE NOTICE DATED 12-5-04 ISSUED TO THE 5TH PETITIONER BY THE SECOND RESPONDENT. /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.25272 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2008 JUDGMENT Even though several prayers including a prayer for quashment of Rule 12 A (2) of the Land Acquisition Kerala Rules have been made in this writ petition, I am of the view that if a reference of the question of the petitioners eligibility for enhanced compensation on the basis of the court judgment relied on in the application under Section 28A is made to the civil court under Section 28 A (3), the petitioners grievances will be substantially redressed. Petitioners relied on the judgment in L.A.R.No.12/92 on the Subordinate Judges Court, Kollam in the application under Section 28A filed by them. The land acquisition officer on considering that application found that the acquired properties as well as the property which was the subject matter of the court judgment were covered by the very same 4(1) notification and that redetermination under Section 28A is apparently justified. However, the land acquisition officer in his awards( Exts.P2, P4 and P6) did not redetermine land value at the rates allowed under the court WPC.No.25272/04 2 judgment, but redetermined the land value at a lesser rate of Rs. 14,820/- per are, taking the view that the party is not entitled to receive more than what he had claimed in the award enquiry. Thus redetermination was made at the rate as asked for in the award enquiry. 2. I am of the view that the claim of the petitioners that irrespective of their claims in the award enquiry, they were entitled under Section 28A to have the value redetermined on the basis of the court judgment ought to be considered by the reference court under Section 28A (3). There is controversy before me as to whether the petitioners did file an application under Section 28A (3) within the time limit. The petitioners claimed that the said application was filed within the time limit. But according to the land acquisition officer the application having been filed out of time was rejected. Whatever that be, I am of the view that the petitioners should be granted an opportunity to have the issue decided by the competent reference court. 3. Under these circumstances, I dispose of the writ petition issuing the following directions; The petitioners are directed to file a fresh application under WPC.No.25272/04 3 Section 28A(3) before the land acquisition officer within one month from today. If such an application is filed by the petitioners before the land acquisition officer, the land acquisition officer will treat that application as a valid application for reference under Section 28A(3) and refer the question of the correct amount determinable as compensation for the petitioners' acquired property pursuant to the application under Section 28A dated 14/1/2002, to the Subordinate Judge Court, Kollam so as to enable that court to adjudicate the issue and take decision. It is made clear that if fresh application as directed above is not filed within the time frame, this writ petition will stand dismissed. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.25272/04 4