UMMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The property belonging to the petitioner, having an extent of 15.44 Ares comprised in Re Survey No.202/8-21 in Block No.06, situated in Thrikkakkara North Village, Kanayannur Taluk was acquired for construction of Sea Port Air Port Road Phase 2. The property was taken possession of by the respondents on 27/4/2015. On negotiation, the 3rd respondent passed an award No.62/15 dtd. 27/4/2015 in LAC 39/14 for an amount of Rs.1,.00o1,10,344/- in favour of the petitioner. Thereafter, the petitioner submitted Ext.P1 representation before the 2nd respondent to pass an award as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the LARR Act, 2013). Pursuant to the representation, the 3rd respondent passed a supplementary award No.23/23 dtd. 31/7/2023 in LAC No.39/14, reducing the amount to Rs.90,92,878.00. Ext.P2 is the supplementary award. In Ext.P2, it is stated that a sum of Rs.10,17,466.00 is an excess amount received by the petitioner. Thereafter, the 3rd respondent issued Ext.P3 notice to the petitioner, stating that revenue proceedings will be initiated to realise the excess amount of Rs.10,17,466.00received by him. It is challenging Exts.P2 and P3, the petitioner has approached this Court.

(2.) I have heard Adv. Rose Michael, the learned counsel for the petitioner and Smt.Vidya Kuriakose, the learned Government Pleader.

(3.) The learned counsel for the petitioner submitted that instead of re-determining the compensation and passing an award as per the provisions of the LARR Act, 2013, the 3rd respondent illegally reduced the compensation granted earlier under negotiation, which is impermissible. However, the petitioner has filed Ext.P4 application on 16/10/2023 for reference to the Land Acquisition, Rehabilitation and Resettlement Authority under Sec. 64 of LARR Act, 2013 before the 3rd respondent. In these circumstances, the writ petition is disposed of with a direction to the 3rd respondent to consider and act upon Ext.P4 within a period of two months from the date of receipt of a copy of this judgment.