KAPRAT FAMILY TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point to be decided in these writ petitions are about the scope of enquiry to be conducted by the Competent Authority for Land Acquisition (hereinafter mentioned as CALA) under Sec. 3H(3) of the National Highway Act, 1956 (for short Act, 1956) and also the stage when the competent authority (CALA) shall refer the dispute to the Principal Civil Court of original jurisdiction when a dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable.

(2.) WP(C) Nos.21231/23, 22382/23, 23489/23, and 23901/23 are treated as the leading cases and I will narrate the facts in these cases. In all other cases, the same contentions are raised and therefore, the facts of the other cases are not mentioned separately.

(3.) WP(C) No.21231/23 and WP(C) No.22382/23 are filed by Kaprat Family Trust and Another. However, in WP(C) No.21231/23, the Kaprat Family Trust is represented by Mr.Vijayabhanu Kaprat, and in WP(C) No.22382/23, Mr. Kaprat Krishna Kumar represents the Kaprat Family Trust. There is a dispute between Kaprat Krishna Kumar and Kaprat Vijayabhanu about the authority to represent Kaprat Family Trust. Since that is not a question to be decided in these writ petitions, I am not going to the same. But it is a fact that, Kaprat Family Trust is represented by two individuals in these cases.