IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

WEDNESDAY, THE 19^TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946 LA.APP.NO.106 OF 2024 ARISING OUT OF THE AWARD DATED 07.09.2024 IN LAR NO.333 OF 2023 OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, NORTH PARAVUR APPELLANT/CLAIMANT:

AMMINI, AGED 90 YEARS W/O.LOUIS, MARUTHONTHARA, MADAPLATHURUTH, MOOTHAKUNNAM, ERNAKULAM, PIN - 683516 BY ADVS.

GEORGE SEBASTIAN ADITYA T.P.

ANTONY THOMAS RESPONDENTS/RESPONDENTS:

1 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM., PIN - 682030

2 COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR, (LA) NH -66, ERNAKULAM, NORTH PARAVUR P.O., PIN - 683513

3 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY INDIA, PIU, KOCHI, VII/511 B, NEYTHELI – MAVELIPURAM ROAD, KAKKANAD P.O., ERNAKULAM., PIN - 682030

4 THE SPECIAL TAHASILDAR (LA) NH -66, UNIT –II, NORTH PARAVUR, ERNAKULAM, PIN - 683513 BY ADVS.

SMT.REKHA.C.NAIR,SR.GOVERNMENT PLEADER R1, R2& R4 SRI.B.G.BIDAN CHANDRAN, SC, R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 19^th day of February, 2025 This L.A.A. is filed challenging the award dated 07.09.2024 in L.A.R.No.333 of 2023 of the Land Acquisition, Rehabilitation and Resettlement Authority, North Paravur.

2. An extent of 0.13 Ares of land comprised in Sy.No.240/7 New Sy.No.240/7/38 of Moothakunnam Village, Paravur Taluk was acquired for the purpose of widening the National Highway 66. The competent authority determined the compensation. Though the acquired property is in possession of the appellant/claimant, she failed to produce documents to prove her absolute title over the acquired property. Consequently, the determined compensation amount of Rs.2,18,042/- was deposited by the competent authority before the District Court, Ernakulam, as per Rule 4 of the National Highways (Manner of depositing the amount by the Central Government making requisite funds available to the competent authority for acquisition of land) Rules, 2019. In the reference that followed, viz., L.A.R.No.333 of 2023, the Land Acquisition, Rehabilitation and Resettlement Authority, North Paravur, after due hearing and appreciation of evidence tendered concluded that the appellant/claimant had failed to prove her title and possession over the property comprised in Sy.No.240/7. The said Award is impugned in this L.A.A.

3. Heard Sri.George Sebastian, Advocate, for the appellant, Smt.Rekha C.Nair, learned Senior Government Pleader for respondents 1, 2 and 4 and Sri.B.G.Bidan Chandran, learned Standing Counsel for the 3^rd respondent.

4. It is brought to my notice that as per the dictum laid down by the Division Bench of this Court in Nafeesa and another v. Deputy Collector and Special Land Acquisition Officer, Thrissur and another [2013 (4) KHC 868], only a revision would lie to challenge the impugned award issued by the Authority. Based on the same it is requested that permission be afforded to convert this L.A.A. into a revision and leave granted for inclusion of additional grounds, if any, found necessary in accordance with law.

5. After hearing both sides and taking note of the dictum laid down in Nafeesa (supra), permission is hereby afforded to convert this L.A.A. into a Civil Revision Petition under Section 115 C.P.C. Permission and leave as sought above is granted to convert this appeal into a Civil Revision Petition and re-present the same as a Civil Revision Petition. Registry shall return the file to the counsel for the appellant to facilitate the conversion.

The appeal is disposed of as above.

Sd/-

SYAM KUMAR V.M.

JUDGE csl