HAJI A ABDUL RASHID Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The petitioners are owners of properties situated in Mammiyoor Village. Lands owned by the petitioners were acquired for a public purpose. They did not file petition under Section 18 of the Kerala Land Acquisition Act (for short 'the Act') for referring the matter to the Land Acquisition Court for determining enhancement in the compensation. But some of the owners of properties lying adjacent to the properties owned by the petitioners filed applications under Section 18 of the Act claiming enhancement. Those cases were referred to Sub Court, Thrissur by the Land acquisition Officer and the Sub Judge, Thrissur enhanced the compensation warded by the Land Acquisition officer. On 20.12.2002 petitioners had filed Ext.P2 series applications under Section 28A of the Act claiming benefit under that Section. Those applications were dismissed by the Land Acquisition Officer vide Ext.P4 series order dated 9.10.2006, 11.10.2006 and 28.10.2006. Thereafter petitioners have filed applications under Section 28A(3) of the Act. Challenging Ext.P1 judgment the requisitioning authority filed L.A.A.No.1401/2002 and connected cases before this court. This Court by judgment dated 12.12.2005 dismissed all the appeals. The main contentions raised by the petitioners is that since they have filed application before the judgment of this Court, those applications must be deemed to be within the time. It is argued that a person who claims benefit under Section 28A of the Act is entitled to get the value fixed by the reference court which is modified or enhanced by the appellate or revisional court. According to the respondents even though the claimant under Section 28A is entitled to get the value fixed by the appellate court the time for filing the application is three months from the date of order of the Land Acquisition Court and not from the date of order of appellate or revisional court. Section 28A reads as follows:

(2.) Learned counsel appearing for the petitioners relied on a decision reported in Union of India v. Munshi Ram (2006(2)KLT 992) in which it was held as follows:

(3.) Advocate Shri V. V.Asokan, learned counsel for the petitioners argued that a reading of paragraph 7 of Munsh Ram's case (supra) makes it very clear that the time limit for filing an application claiming benefit under Section 28A will begin to run only on the date of judgment of the appellate court and not from the date of order of the reference court. It is also argued that if such a view is not taken there is absolutely no meaning in holding that the application cannot be considered while appeal is pending. It is argued that the Land Acquisition Officer may redetermine the compensation while an appeal from the judgment and decree of the trial court in L.A.R. and in such cases the party will be left without any remedy at all. In Bhagti's case (supra) it was specifically held that an application for redetermination of compensation can be made only on the basis of judgment of reference court under Section 18 of the Act. Since that point directly arose for consideration and answered, I respectfully follow the principle laid down in Bhagti's case (supra). So the prayer of the petitioners cannot be allowed.