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2017 Supreme(Ker) 125

V.CHITAMBARESH, SATHISH NINAN
KERALA STATE HOUSING BOARD TRIVANDRUM REPRESENTED BY ITS SECRETARY – Appellant
Versus
R. OMANA, DAUGHTER OF REVATHI, CHILAMBASSERIL, MUHAMMA, SHERTALLAI – Respondent


Advocates Appeared:
FOR THE APPELLANT : K. NARAYANAN, DENNY DEVASSY (BY ORDER) SC KSHB
FOR THE RESPONDENTS: SMT. ANNAMMA ABRAHAM, SRI. P.S. RAMESH KUMAR, SRI. S.B. PREMACHANDRA PRABHU, AMICUS CURIAE

JUDGMENT :

Chitambaresh, J.

Is there any bar for the civil court to entertain a suit for compensation by the claimants for lands lost in excess of that acquired under the provisions of the Land Acquisition Act, 1894 ['the Act' for short] ? The issue may crop up under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also and hence this detailed consideration.

2. Lands belonging to the plaintiffs and defendants 3 and 4 were acquired by the first defendant State on the requisitioning of the second defendant Kerala State Housing Board ['the Board' for short]. Award No.5 dated 28.9.1986 and Award No.1 dated 18.6.1992 were passed in respect of 5.06 Ares and 35.06 Ares totalling to 40.12 Ares which gave rise to L.A.R.Nos.478/87, 205/86 and 206/86. L.A.R.Nos.478/87 and 205/86 were for enhancement of compensation under Section 18 of the Act whereas LAR.No.206/86 was under Section 31(2) of the Act for apportionment of compensation. The judgment in L.A.R.No.205/86 was the subject matter of L.A.A.No.565/1994 by the State and L.A.A.No.580/1994 by the claimants whereunder the value of lands was enhanced. L.A.R.No.206/86 was disposed of r























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