Point of Law: The expression ‘person interested’ does not require that a person must really have an interest in the land sought to be acquired. It is enough if he claims an interest in compensation, as distinguished from an interest in the property sought to be acquired.

JUDGMENT :

1. The application submitted by the 1st petitioner under Section 28A of the Land Acquisition Act seeking re-determination of compensation was rejected by the 3rd respondent by Ext.P18 order on the ground that she cannot be considered as a person interested and therefore cannot possibly be aggrieved by the award of the Collector. The above order is under challenge in this writ petition.

2. The facts are as follows:-

(a) The 1st petitioner herein is the mother of petitioners 2 and 3. They are the wife and children of late K. Sudhakaran, former Advocate General of the State of Kerala. Late Sudhakaran passed away on 21.11.2007 and being a Hindu, governed by the Hindu Succession Act, the petitioners are the legal heirs.

(b) In the year 2005, late Sudhakaran executed a Will, a copy of which is produced as Ext.P2. As per the terms, the 2nd petitioner was bequeathed with the entire rights over an item of property, having an extent of 5 cents, comprised in Sy. No. 2213/1 and Sy. No. 2213/4 of Ernakulam Village, which property had devolved on the executant as per Document No. 2157 of 1975 of the Ernakulam Sub Registry Office. The 2nd petitioner was held entitled to all the movable and immovable properties including the rights over the assets, which the executant may acquire till his death. However, it was specifically stated that in the event of the 1st petitioner surviving the executant, the 2nd petitioner was required to care for her treatment and day-to-day expenses without fail till the end of her life.

(c) Late K. Sudhakaran owned an item of property having an extent of 47.40 Ares which devolved on him as per partition deed vide No. 128 of 1950. Out of the above property, 41.20 Ares was assigned by Sudhakaran on 17.2.2005 through his power of attorney holder, the 2nd petitioner herein, to one Salahudhin, by Ext.P5 deed. In Ext.P5 deed, it is mentioned that the balance property remaining in the possession of K. Sudhakaran has been marked out for widening the road.

(d) The petitioners contend that what was left behind after Ext. P5 assignment deed was 2.40 Ares of land in Re-Sy. No. 529/21 and 3.80 Ares of land in Re-Sy. No. 528/8 of Attipra village. The above extent of the properties was acquired pursuant to Ext.P3 notification dated 23.11.2007 for the purpose of widening of the Ulloor-Akkulam- Kuzhivila NH Bypass.

(e) On 21.11.2007, K. Sudhakaran passed away as is evident from Ext.P1 death certificate.

(f) On 7.1.2010, Ext.P4 notice under Section 9(3) of the Land Acquisition Act, 1894, was issued addressed to Sudhakaran and the petitioners herein informing them that they were entitled to compensation for the acquisition of the said land. The petitioners were directed to produce documents to substantiate their rights.

(g) When the compensation due to the petitioners was not disbursed, they approached this Court and filed W.P. (C) No. 5318/2010 seeking directions to the State to pay the compensation with interest in respect of the land acquired and further directions. By Ext.P6 judgment, this Court directed the Special Tahsildar (LA), to disburse the compensation amount together with interest in respect of the two items of the property within a period of one month.

(h) The petitioners contend that the adjacent property owners, whose property was acquired under the very same notification, approached the reference court seeking enhancement of compensation. By Ext.P7 judgment dated 19.11.2018, in LAR No. 111 of 2013, the learned Subordinate Judge awarded enhanced compensation to the tune of Rs. 24,17,100/- per Are.

(i) Immediately thereafter, on 1.2.2019, the 1st petitioner, claiming to be a person interested in land covered by the same notification and contending that she is aggrieved by the award passed by the Collector, preferred Ext.P8 application under Section 28A of the Land Acquisition Act seeking enhanced compensation.

(j) When the 3rd respondent failed to take prompt action, the petitioners approached this Court and filed W.P. (