CHERATTUTHODI ABDUL AZEEZ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayers in the above writ petition (Civil) are as follows:

(2.) Heard Sri.K.M. Sathyanatha Menon, the learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for R-1 to R-3 and Sri. Christopher Abraham, the learned Standing Counsel for the Income Tax Department of the Government of India appearing for R-4.

(3.) In the instant case, notification under Section 4(1) of the Land Acquisition Act, 1894 was issued for compulsory acquisition of certain lands, including that of the petitioner's by the 2 nd respondent- Special Tahasildar, at a time when the provisions of the old Act (Land Acquisition Act,1894), was in vogue. Later, the Land Acquisition Act, 1894 was repealed and replaced by the new Act viz., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013),which came into force from 01.01.2014. By the specific mandate made by the Parliament in Section 24 of the said new Act, in case award has not been passed in respect of land acquisition proceedings initiated already under the old Act before the coming into force of the new Act, the compensation aspect has to be determined in terms of the provisions contained in the new Act. Without adherence to the above said crucial provisions in the new Act, the 2nd respondent- Special Tahasildar had passed Award No.2/2014 dated 21.08.2014 in respect of the above said properties of the petitioner, under the old Act. This Court has held in a series of judgments as in Varghese M.V. v. State of Kerala and Ors. [2015(4) KHC 200=2015 (3) KLT 625=ILR 2015 (3) Ker. 947=2015(3)KLT 781], that in such cases, where award has not been passed under the old Act on or before 31.12.2013, then the notified District Collector/Land Acquisition Officer is obliged in law to pass a revised/fresh award as envisaged in Section 24 of the new Act. The petitioner had approached this Court by filing W.P(C) No.6791 of 2015, in which this Court has finally disposed of Ext.P1 judgment rendered on 26.05.2015, by holding unequivocally that the petitioner is entitled in law to have the compensation determined in respect of the above said compulsory acquisition of the land, by virtue of Section 24(1)(a) of the new Act. Since Award No.2/2014 dated 21.08.2014 was already passed by the respondent, Land Acquisition Officer under the old Act by then, this Court had also taking note of the said reality, granted liberty of the petitioner to receive the said money under the Award, without prejudice to his claim to get the compensation so properly determined under the new Act.