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2022 Supreme(Ker) 174

DEVAN RAMACHANDRAN
Jose Pannikot – Appellant
Versus
State of Kerala, Represented by the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.R. Vinod, M.S. Letha, Advs.
For the Respondent: Smt. Mable .C .Kurian Sr.G.P

JUDGMENT :

The petitioner impugns Ext.P3 order issued by the 2nd respondent – District Collector, under the provisions of Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Fair Compensation Act' for short), on the specific ground that said Authority obtained no competence to have issued the said order.

2. Shri. K.R. Vinod, learned counsel appearing for the petitioner, made submissions with specific reference to Section 15 of the 'Fair Compensation Act', predicating that clause 2 thereof would make it indubitable that the objections of the owner of a property sought to be acquired have to be made to the Collector, who will have to hear him and then make a report, to be forward to the competent Government. He pointed out that it is for the competent Government to make an order, which, under the rigour of clause 3 thereof, has been postulated to be final.

3. Shri.K.R.Vinod, thereafter, submitted that, from the facts of this case, it would become perspicuous that objections of his client were heard by the Collector, but that instead of forwarding his report to the Government, he himself issued Ext.P3 final order

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