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2022 Supreme(Ker) 325

BASANT BALAJI
Nabeesa Pacheeri (Died) W/o. Kizhakkethil Hydrali – Appellant
Versus
State Of Kerala Represented By The District Collectorate, Malappuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.U.K.DEVIDAS
For the Respondent: GP SMT.DEVISHRI R

JUDGMENT

The short question that arises for consideration in this Writ Petition is whether the District Collector should grant interest under Section 34 of the Land Acquisition Act (for short ‘the Act’) when he redetermines the compensation under Section 28A of the Act. An extent of 0.1804 hectors of land comprised in Sy.No.12/18 was acquired to form Perinthalmanna-Manathmangalam-Kakkooth bye-pass-II road.

2. The original owner passed away and the petitioners herein are the legal heirs. The amount was deposited before the Sub Court, Manjeri and the petitioners received the same as per award in L.A.R.No.1 of 2011 dated 22.12.2011. The petitioners could not file an application under section 18 of the Act. Hence they filed an application under Section 28A of the Act on 22.11.2013 before the 2nd respondent. The 2nd respondent passed an award on 1.12.2016 for an amount of Rs.13,82,636.04. The counsel for the petitioners submits that while passing the award Ext.P3, the Land Acquisition Officer has not awarded the statutory interest to the petitioners. He further submits that the petitioners are entitled to all statutory benefits which were granted in Ext.P2.

3. Section 28A of the Act is Re-

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