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2025 Supreme(Online)(Ker) 40491

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
BEENA SARASAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Beena Sarasan (Party-In-Person)
For the Respondents: P.U. Shailajan, Y.Jafar Khan

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 of land belonging to the petitioner comprised in the same notification was also acquired, and compensation was awarded to her in LAC No.35/2010. At the instance of the petitioner, reference for enhanced compensation for the said 38 cents of land was made to the Authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the 2013 Act') and the Authority in LAR No.21/2017 passed Ext. P15 award allowing enhanced compensat

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