IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 29542 of 2007(P) --------------------------------------- PETITIONER: ----------------- Y.LUCOSE, AGED 85,W/O. YOHANNAN, ST.PATRIC HOUSE, MANAKKARA, SASTHAMCOTTA, KOLLAM. BY ADV. SRI.S.SUNIL NARAYANAN SRI.K.G.RAJANIKANTH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT TRIVANDRUM. 2. DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR, LA,KOTTIYAM, KOLLAM. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008 ALONG WITH W.P(C) NO.37807 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.29542 OF 2007, W.P(C) NO.37807 OF 2007, W.P(C) NO.37875 OF 2007, W.P(C) NO. 1611 OF 2008, W.P(C) NO. 1627 OF 2008 AND W.P(C) NO. 1643 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2008 J U D G M E N T -------------------- In all these Writ Petitions applications filed under Section 28A of the Land Acquisition Act by the petitioners whose properties were acquired for the Kallada Irrigation Project were dismissed on the ground that the properties acquired from the petitioners and the property which was the subject matter of the award in LAR No.140 of 1999, a copy of which is produced as Exhibit P1 in all these Writ Petitions, belong to different categories though the properties were acquired under the same Notification. In Raghava Poduval v. Special Tahsildar (2004 (3) KLT 261) it was held that application filed under Section 28A of the Act shall not be rejected on the sole ground that the properties belong to W.P(C) NO.29542 OF 2007, ETC. -: 2 :- different categories. It was further held that if the properties are acquired by the same Notification, the claimants are entitled to the compensation re-determined. But the Land Acquisition Officer can make proportionate increase in the land value in accordance the category of the lands. So the rejection of the applications on the ground that the properties involved in these cases and the property which was the subject matter of L.A.R. No.140 of 1996 belong to different categories is illegal and unsustainable. The orders passed by the third respondent rejecting the applications filed the petitioners, which is produced as Exhibit P5 in all these Writ Petitions, are hereby quashed. The Land Acquisition Officer is directed to re-consider those applications and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Writ Petitions are disposed of as above. K. PADMANABHAN NAIR, JUDGE. vsv W.P(C) NO.29542 OF 2007, ETC. -: 3 :- K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008