BEENA SARASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicability of Sec. 28A of the Land Acquisition Act, 1894 ('the LA Act' for short) to an award passed under Sec. 11(2) of the said Act falls for consideration in this writ petition.

(2.) The property of the petitioner, having an extent of 3 4560 Hectares of land comprised in Re.Sy.No.187/1 of Veiloor Village, was acquired under the LA Act for establishing a Life Science Park for the 5th respondent, an instrumentality of the State.

(3.) According to the petitioner, she accepted the award in LAC No.36/2010 passed under Sec. 11(2) of the LA Act on the specific condition that she is eligible for enhanced compensation, if any, paid to any other similar land covered by the same notification and hence she is entitled to get enhanced compensation under Sec. 28A of the LA Act based on Ext. P15 award passed by the Authority. It is alleged that in Ext.P3 affidavit filed by the petitioner before the 4th respondent, she expressed her willingness for a settlement on an agreed price reserving her right to claim enhanced compensation in the event of any other land covered by the same notification is paid a higher rate of compensation and it was without prejudice to her right for enhanced compensation stated in Ext.P3 that she received the compensation awarded in LAC No.36/2010.