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2017 Supreme(Ker) 731

K.SURENDRA MOHAN
Thankamma Mathew – Appellant
Versus
State of Kerala Represented By The District Collector, Wayanad – Respondent


Advocates Appeared:
For the Appellant :Dr. George Abraham, Advocate.
For the Respondent: Smt. Latha Thankappan, Spl. Government Pleader.

JUDGMENT :

K. Surendra Mohan, J.

The common question that arises for determination in these cases is - Whether a claimant is entitled to claim re-determination of the amount of compensation paid for land acquired from his possession, under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short), on the basis of an award passed by a Lok Adalat?

2. The facts that are required to be noted for the purpose are the following :

The petitioners in these cases are all persons whose lands had been acquired for a public purpose. They are all persons who own properties in Vythiri Taluk of Wayanad District. The properties in all these cases were acquired as per a common notification under Section 4(1) of the Act, for the Karapuzha Irrigation Project. They were all paid compensation by the common second respondent, who is the Special Tahsildar (Land Acquisition). The petitioners herein had not sought for enhancement of the compensation paid to them under Section 18 of the Act.

3. On 10.12.2011, at a Lok Adalat organised by the Taluk Legal Services Committee, Sulthan Bathery, L.A.R. No. 1 of 2008 of the Sub Court, Sulthan Bathery was settled by the District Colle










































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