K.N.SUBRAMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The above appeals arise from the common judgment in a few references made under Sec. 28A(3) of the Land Acquisition Act, 1894 (the Act). The claimants in the proceedings are the appellants.

(2.) Lands held by the claimants were acquired pursuant to a notification issued under Sec. 4(1) of the Act for development of the road connectivity to the International Container Transshipment Terminal at Vallarpadam and they have been paid compensation as fixed by the Land Acquisition Officer. The claimants have not made any references for enhanced compensation in terms of Sec. 18 of the Act. Later, when a few references made at the instance of similarly placed persons under Sec. 18 of the Act were answered in their favour, applications were filed by some others for redetermination of the compensation paid to them under Sec. 28A of the Act. Some of the said applications were rejected by the competent authority and consequently, there were a few references under Sec. 28A(3) of the Act. Three among the said references were answered in favour of the claimants in LAR Nos.6 of 2013, 2 of 2013 and 3 of 2013 on the files of the Sub Court, Ernakulam. The claimants in the proceedings from which these appeals arise, in the circumstances, preferred applications for re-determination of compensation under Sec. 28A(1) of the Act based on the judgments in LAR Nos.2 of 2013, 3 of 2013 and 6 of 2013. The said applications were rejected by the Land Acquisition Officer. The claimants, in the circumstances, sought references for adjudication of the issue under Sec. 28A(3) of the Act and the matters were accordingly referred to the court. The said references are answered against the claimants and these appeals are preferred by the claimants aggrieved by the said decision of the reference court.

(3.) Heard the learned counsel for the appellants as also the learned Government Pleader.