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2023 Supreme(Online)(KER) 5781

HIGH COURT OF KERALA
GOPINATH P, J
NOORJAHAN – Appellant
Versus
SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY FOR LAND ACQUISITION – Respondent


Advocates:
R.ROHITH HARISHMA P. THAMPI

J U D G M E N T

The petitioner has approached this court being aggrieved by the fact that the amount of compensation to be paid by the National Highway Authority of India (NHAI) in respect of the property acquired by the petitioner through Ext.P1 sale deed is being claimed by the 4th respondent who is none other than the daughter of the petitioner. It is submitted that the 4th respondent is claiming the compensation amount merely on the strength of of a document which evidences that the 4th respondent's name is entered in the revenue records as owner of the property for the purpose of payment of basic tax.

2. The learned counsel for the petitioner submits that there has been no transactions in respect of the property after the execution of Ext.P1 sale deed in favour of the petitioner and therefore merely on account of the fact that the basic tax is being remitted by the 4th respondent, the 4th respondent cannot claim that she is entitled to the compensation payable by the NHAI. The learned counsel submits that Ext.P4 representation has been preferred before the 2nd respondent who is the competent authority and direction may be issued to the 2nd respondent to consider Ext.P4 after aff

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