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2024 Supreme(Ker) 1207

NITIN JAMDAR, S. MANU
State of Kerala, Represented by Its Secretary to Government, Public Works Department – Appellant
Versus
Scaria Mathew, S/o. Mathew – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sr. Government Pleader Sri. V. Tekchand.

JUDGMENT :

Nitin Jamdar, C.J.

Heard Mr. V. Tekchand, learned Senior Government Pleader for the Appellants.

2. The Respondents/Original Petitioners filed W.P.(C)No.1249 of 2014 for a prayer of declaration and consequential order of injunction as regards the lapsing of the subject property as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013).

3. The subject property is land in Re-Sy. Nos.677/11-3 and 677/20-3 of Nattakom Village of Kottayam Sub Registry. According to the Respondents/Original Petitioners, the notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (Act of 1894) on 9 December 2004. The notification under Section 6 was published on 20 January 2006. Award under Section 11 was declared on 17 November 2007. The Original Petitioners in W.P.(C)No.1249 of 2014 contended that in the light of Section 24(2) of the Act of 2013, since the award under Section 11 of the Act of 1894 was made prior to five years and compensation not paid, the acquisition proceedings are deemed to have lapsed.

4. The learned Single Judge, in the impugned judgment dated 31 July 2017 following

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