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P. B. SURESH KUMAR, JOHNSON JOHN
K. N. Subramanian, S/o. Rajamma – Appellant
Versus
District Collector, Ernakulam, Kakkanad P. O. , Ernakulam – Respondent
JUDGMENT :
(P.B. Suresh Kumar, J.)
The above appeals arise from the common judgment in a few references made under Section 28A(3) of the Land Acquisition Act, 1894 (the Act). The claimants in the proceedings are the appellants.
2. Lands held by the claimants were acquired pursuant to a notification issued under Section 4(1) of the Act for development of the road connectivity to the International Container Transshipment Terminal at Vallarpadam and they have been paid compensation as fixed by the Land Acquisition Officer. The claimants have not made any references for enhanced compensation in terms of Section 18 of the Act. Later, when a few references made at the instance of similarly placed persons under Section 18 of the Act were answered in their favour, applications were filed by some others for re-determination of the compensation paid to them under Section 28A of the Act. Some of the said applications were rejected by the competent authority and consequently, there were a few references under Section 28A(3) of the Act. Three among the said references were answered in favour of the claimants in LAR Nos.6 of 2013, 2 of 2013 and 3 of 2013 on the files of the Sub Court, Ernakulam. T
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
Land Acquisition and Requisition - Redetermination of compensation - Application for re-determination of compensation is required to be made within three months from the date of award of the Court.
(1) Acquisition of land – Once an award is passed by High Court, earlier one passed by Reference Court ceases to exist, and stands subsumed within award of High Court – Same is case when an award is ....
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
A party who has preferred a Reference under Section 18 of Land Acquisition Act, 1894 and has secured an order thereunder, cannot thereafter file an Application under Section 28A of Land Acquisition A....
Section 28-A permits compensation exceeding foundational award rates for proven irrigated lands or additional elements like structures/trees, without absolute cap, to fulfill beneficent intent of equ....
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