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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
BEENA SARASAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. consideration of section 28a application for enhanced compensation. (Para 1) |
| 2. petitioner claims enhanced compensation based on conditions of original award. (Para 2 , 3) |
| 3. respondents refute claims based on agreements and legal standing. (Para 4 , 5) |
| 4. legal status of 'aggrieved' addressed. (Para 7) |
| 5. section 28a allows aggrieved persons to seek re-determination of compensation. (Para 8 , 9) |
| 6. court clarifies that the aggrieved status permits claims under section 28a. (Para 10 , 11 , 12 , 14) |
The applicability of Section 28A of the Land Acquisition Act, 1894 ('the LA Act' for short) to an award passed under Section 11 (2) of the said Act falls for consideration in this writ petition.
2. The property of the petitioner, having an extent of 3.4560 Hectares of land comprised in Re.Sy.No.187/1 of Veiloor Village, was acquired under the LA Act for establishing a Life Science Park for the 5th respondent, an instrumentality of the State. The compensation was fixed after negotiation, and the award in LAC No. 36/2010 was passed under Section 11 (2) of the LA Act for a sum of Rs.15,33,49,804/-. The petitioner received the compensation amount on 7/4/2011. Another 38 cents o
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