JAYAKUMARI Vs. SPECIAL TAHASILDAR

JUDGEMENT

(1.) Whether an Award passed in terms of Sec. 11(2) of the Land Acquisition Act, 1894 (for short, 'the Act') is outside the scope of Sec. 28A of that Act, is the question involved in this writ petition. The question, in fact, received consideration by a learned Single Judge in Beena Sarasan v. State of Kerala [2025 KHC OnLine 231], wherein it was answered in the negative, holding that Sec. 28A does not make any distinction between an Award passed under Sec. 11(1) or Sec. 11(2), and therefore, an awardee under Sec. 11(2) is also entitled to seek re-determination of compensation as per Sec. 28A of the Act.

(2.) The following is the factual matrix:

(3.) The learned Government Pleader would submit that the issue requires reconsideration in the light of the following judgments of the Honourable Supreme Court: (1).State of Gujarat v. Daya Shamji Bhai [1995 KHC 951] and (2). Government of Tamil Nadu, rep.by its Secretary, Transport Department v. P.R.Jaganathan [2025 KHC OnLine 6952].