VALAMBATH NARAYANI AMMA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The main relief sought for in all these writ petitions is for a direction to the first respondent, Special Tahsildar, to refer the applications filed by the petitioners under Section 28A(3) of the Land Acquisition Act, (for short the Act ) to the Subordinate Judge s Court for re-determining the compensation.

(2.) The land owned by the petitioners in all these cases were acquired for the purpose of establishing Naval Academy, at Ezhimala in Kannur District. In some cases, claimants did not file petitions under Section 18 of the Act. But some other persons whose lands were acquired for the very same purpose filed petitions under Section 18(1) of the Act and those cases were referred to the Sub Court. The learned Sub Judge enhanced the compensation fixed by the Land Acquisition Officer. Thereafter, petitioners filed Section 28A applications for re-determining the compensation, on the ground that the court awarded enhancement of compensation fixed by the Land Acquisition Officer. Those applications were dismissed. Subsequent to the disposal of Section 28A applications, petitioners had filed applications under Section 28A(3) of the Act, which are marked as Exts.P5 series in W.P.(C) No. 34818/2007; Ext.P4 series in W.P.(C) No. 35493/2007; Ext.P6 in W.P.(C) No. 36224/2007 and W.P.(C) No. 266/2008, for referring the matter to Court to consider the claim of the petitioners that they are entitled to re-determine the compensation due to them. In all these writ petitions, it is averred that there is undue relay in referring the matter.

(3.) In W.P.(C) No. 34593/2007, this Court, on 14-12-2007, suo motu impleaded the Chief Secretary, Thiruvananthapuram, and the Land Revenue Commissioner, Thiruvananthapuram, as additional respondents. They were directed to look into the matter personally and the statements/affidavit explaining as to what action they propose to take in the mater. It was also ordered that if they fail to take proper action, this Court will be constrained to take stringent action including restraining the State from proceeding with further land acquisition proceedings, until the amounts due to the persons whose lands were already acquired are paid.