KUNHIPENNU Vs. STATE OF KERALA

JUDGEMENT

(1.) An extent of 0.0214 hectares of land in resurvey No.129/2 of Pallikkara-II village was acquired for the construction of a Railway over bridge and an amount of Rs.5,88,188.00 was paid as total compensation as per award 9/7/2010. Dissatisfied by the amount of compensation, the petitioners filed an application under Sec. 28A of the Land Acquisition Act (for short 'the Act') for redetermination of the compensation amount based on the judgment and decree dtd. 27/1/2016 in L.A.R. No. 39/2010 of Sub Court, Hosdurg. The 3rd respondent, vide Ext.P3 order dtd. 24/5/2017 rejected the application. Aggrieved by the said rejection order, this Writ Petition is filed.

(2.) The respondents have not filed any counter affidavit or statement controverting the allegations in the Writ Petition despite the fact that a period of 4 years has elapsed after the filing of the writ petition.

(3.) Ext.P3 is the rejection order of application filed under sec. 28A of the Act. The reason stated in Ext.P3 order is that the property of the petitioners as well as the property in the judgment relied on by the petitioners are not similar and similarly situated and hence, the application cannot be considered.