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2022 Supreme(Ker) 235

DEVAN RAMACHANDRAN
Binoy S/o Sreedharan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.N. Sankarjee, V.N. Madhusudanan, R. Udaya Jyothi, M.M. Vinod, M. Suseela, Keerthi B. Chandran, C. Purushothaman Nair, Nitheesh M., Vijayan Pillai P.K.
For the Respondent: K.V. Manoj Kumar.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioners assail Ext.P31 notification issued by the District Collector, Alappuzha under the provisions of Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Fair Compensation Act”); along with Ext.P36, which is the declaration issued by the said Authority under Section 19 of the afore said Act on various grounds as I will presently state.

2. Dr. V.N. Sankarjee - learned counsel appearing for the petitioners, edificed his arguments on the following broad assertions:

    (a) The District Collector, Alappuzha, is not the “appropriate Government” as per the provisions of the “Fair Compensation Act.”

(b) Even if the District Collector can be construed to be the “appropriate Government” Ext.P31 notification is incompetent because it takes in two different districts.

(c) Ext.P31 notification is bad because the necessary publication, as per Rule 18 of the Right to Fair Compensation Transparency in Land Acquisition Rehabilitation Resettlement Kerala Rules, 2015 (Hereinafter referred to as the “Fair Compensation Rules”) has not been made.

(d) Ext.P36 declarat

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