LAWS(KER)-2019-1-138

ABDUL KHADER Vs. DISTRICT COLLECTOR CIVIL STATION

Decided On January 23, 2019
ABDUL KHADER Appellant
V/S
DISTRICT COLLECTOR CIVIL STATION Respondents

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri. S. Renjith, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for the respondents.

(3.) It is stated that the petitioner was the owner of 0.1850 Hector (18.50 Ares) of land comprised in Puthencruz Village, Kunnathunadu Taluk in Ernakulam district. That the 2nd respondent issued Section 4(1) notification in the Kerala Gazette Extra Ordinary dated 30.8.2007. It is further stated that when the land acquisition proceedings have been commenced, the petitioner had filed a claim statement before the 2nd respondent claiming that the property value is more than Rs.5 lakhs per cent on 30.9.2010. That subsequently, 6.47 Ares of property was acquired on 4.3.2010 and award was passed on 31.8.2010. On the basis of the petitioner's objection, the same was forwarded to the Sub Court, Perumbavoor under Section 18 of the Kerala Land Acquisition Act and the said court has enhanced the land value from Rs. 3,48,000/- per Are to Rs. 5,56,934/- as per judgment dated 31.3.2015, it is averred. That the acquisition proceedings for balance of property initiated in LAC No.341/2008 by the 2nd respondent on the same 4(1) notification dated 30.8.2007 was challenged before this Court by filing W.P.(C).No. 26525/2015, which was dismissed as per Ext.P-2 judgment dated 17.11.2016. It is further stated that the writ appeal filed against the judgment of the learned Single Judge was also dismissed. It is further stated that challenging the judgment of the Division Bench in the said W.A., the petitioner approached the Supreme Court by filing SLP No.31359/2017, which was disposed of as per Ext.P-3 judgment dated 24.11.2017 by the Supreme Court.