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2019 Supreme(Ker) 730

S.MANIKUMAR, C.K.ABDUL REHIM
M. Padmini W/o Unnikrishnan – Appellant
Versus
State of Kerala, Rep. by Secretary Department of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. V.B. Ramanunni Menon.
For the Respondent: Sri. V. Tekchand.

JUDGMENT :

S. MANIKUMAR, J.

1. Being aggrieved by the order made in W.P. (C) No. 14752 of 2009 dated 27.5.2019, by which the writ court declined to refer the claim for enhanced compensation under Section 18 of the Land Acquisition Act, 1894, instant appeal is filed.

2. Short facts leading to appeal are that:

Award was passed on 1.10.2000. Request for enhanced compensation was made on 1.11.2009. Before the writ court, the petitioner contended that she was residing in Banglore and no notice of award was received and therefore application for enhancement of compensation under Section 18 of the Land Acquisition Act was filed on immediately coming to know about the acquisition proceedings. Adverting to the above submissions and pleadings, writ court by observing that the writ petitioner, in her application for enhanced compensation, had not stated about the date on which she came to know about the award and that when the other legal heirs of the owner of the property (since Mr. Narayanan Nair has deceased) have received the compensation, and taking note of the fact that names of all the legal heirs were mentioned in the Award except the one who was deceased, had received compensation, writ

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