SAHID Vs. DISTRICT COLLECTOR KOLLAM

JUDGEMENT

(1.) In all the three original petitions the complaint of the petitioners is that their applications for making re-determination of compensation were rejected because their applications were not accompanied the certified copy of the judgment. Section 28-A of the Land Acquisition Act deals with the procedure regarding redetermination of the amount of compensation on the basis of the award. The above Section reads as follows :

(2.) I am of the opinion that if application is filed under Section 28-A within three months from the date of the award it cannot be dismissed as not maintainable if other conditions are satisfied merely because certified copy was not produced along with the application under Section 28-A. The Supreme Court of India in Union of India v. Pradeep Kumari, (1995) 2 SCC 736 : (AIR 1995 SC 2259) mentioned six conditions to be followed while considering an application under Section 28-A of the Land Acquisition Act. The conditions are as follows :

(3.) A Division Bench of this Court in Mathai Thomas v. State of Kerala, (1989) 2 Ker LT 732, held that if a person applies within three months from the date of award of the Court under S.28-A, this section will come into motion. Here it is not disputed that all the applications were filed within three months from the date of the award. Therefore, the applications cannot be rejected under S.28-A merely because certified copy was not produced along with the application. In this case it is further noted that there is a direction from this Court that Ext.Pl5 in O.P.No.15941 of 1996 may be considered by the respondents. In all the cases such a direction is there. Therefore, in these original petitions in view of a specific direction of this Court the respondents ought to have considered the petitioners' applications on merits as those judgments were not appealed against. Therefore, I am inclined to allow the original petitions.The original petitions are allowed and the respondents are directed to consider and pass orders on the applications filed by the petitioners as provided under S. 28-A as expeditiously as possible. Ext.Pl6 and similar orders are, therefore, quashed. Fresh orders may be passed by the respondents as provided under S. 28-A. Petitions allowed.