THOMAS Vs. SPECIAL TAHSILDAR LAND ACQUISITION

JUDGEMENT

(1.) The property acquired belonged to the father of the petitioner. In LAR 201/87 the Sub Court, Payyannur enhanced the compensation on reference made to that Court. Since the land in question involved in LAR 201/87 was also acquired under the same notification as per which the property of the father of the petitioner was acquired, the father of the petitioner filed an application under S.28A of the Land Acquisition Act for redetermination of the quantum of compensation on the basis of the award in the above Land Acquisition Reference.

(2.) Subsequently, the Sub Court, Payyannur passed an award in LAR 120/87 directing enhancement of compensation. Then the petitioner filed an application under S.28A of the Land Acquisition Act for redetermination of the award on the basis of the award passed in LAR 120/87. Petitioner filed the application for redetermination of the award after the death of his father.

(3.) The question which arises for consideration is whether the petitioner can file an application under S.28A of the Land Acquisition Act in spite of the fact that his father also had filed an application for redetermination of compensation on the basis of a prior award passed by the Sub Judge in the Land Acquisition Reference. The submission made by the learned counsel appearing for the petitioner is that the petitioner did not get notice of the proceedings in pursuance of the application filed by his father. The learned Government Pleader on instructions would submit that the address given in the application filed by the father was "C/o, K. M. Augustine, Advocate, Payyannur" and notice was issued in that address. It is also stated by the Government Pleader that the award passed on redetermining the compensation on the application of father was approved by the District Collector on 29.5.1999 and that it was announced on 7.6.1999.