LAWS(KER)-2021-2-67

MERLY PAUL Vs. STATE OF KERALA

Decided On February 02, 2021
Merly Paul Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is the fourth in a series of Writ Petitions filed by the petitioners before this Court seeking enhanced compensation for a small piece of land owned by them. The said property was acquired for the Kochi metro rail Project for the purpose of constructing the Ernakulam South Metro Station.

(2.) The petitioners initially approached this Court challenging the acquisition proceedings and this Court by judgment dated 10.6.2015 disposed of the writ petition by a short judgment which reads thus: "The petitioners are free to accept the amount tendered by the respondents which approximately is 80% of the compensation amount tentatively fixed. The same will however be without prejudice to the right of the petitioners to claim further compensation under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act, 2013. The amount shall be disbursed to the petitioners on their executing the necessary documents as enjoined by law"

(3.) The petitioners thereafter entered into an agreement for sale on 7/7/2015 wherein among other terms it is also stated thus:-