Writ petitions challenging awards must be filed within a reasonable time; inordinate delay can bar relief, particularly when third-party rights are affected.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH TUESDAY, THE 25 DAY OF NOVEMBER 2025 / 4TH AGRAHAYANA, 1947 WA NO. 372 OF 2022 AGAINST THE JUDGMENT DATED 28.10.2021 IN WP(C) NO.13222 OF 2021 OF HIGH COURT OF KERALA APPELLANT/S:

BCG ESTATES & BUILDERS PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, RENU C. BABU, CHANDRATHIL HOUSE, AMBEDKAR ROAD, VENNALA,ERNAKULAM BY ADVS.

SHRI.T.R.S.KUMAR SMT.DEENA JOSEPH SMT.DEEPA R MENON SHRI.AKSHAY JOSEPH ADHIKARAM SMT.SWARNA THOMAS RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM-695001.

2 THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,THIRUVANANTHAPURAM-

695001.

3 LAND REVENUE COMMISSIONER, PUBLIC OFFICE COMPOUND, MUSEUM ROAD, THIRUVANANTHAPURAM-

695033.

4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD-682030.

5 THE SPECIAL TAHSILDAR (L.A), KOCHI METRO RAIL PROJECT, LA NO. II, CIVIL STATION, KAKKANAD - 682030.

6 KOCHI METRO RAIL LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 8TH FLOOR, REVENUE TOWERS, PARK AVENUE, KOCHI - 682015.

BY ADVS.

SHRI.K.SUJAI SATHIAN SMT.PREETHI. P.V.

SMT.MARY LIYA SABU SMT.AISWARYA S. ASHOKAN SHRI.NEERAJ KRISHNA KUMAR SMT.AYISHA BASILA ASHARAF SRI.T.SETHUMADHAVAN (SR.)

OTHER PRESENT:

SRI T SETHUMADHAVAN, SR ADVOCATE SRI.JAFFARKHAN, SR GP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18.11.2025, ALONG WITH WA.124/2022, THE COURT ON 25.11.2025 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH TUESDAY, THE 25 DAY OF NOVEMBER 2025 / 4TH AGRAHAYANA, 1947 WA NO. 124 OF 2022 AGAINST THE JUDGMENT DATED 28.10.2021 IN WP(C) NO.13222 OF 2021 OF HIGH COURT OF KERALA APPELLANT/S:

KOCHI METRO RAIL LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 8TH FLOOR, REVENUE TOWERS, PARK AVENUE, COCHIN-682 015, NOW OFFICE AT 4TH FLOOR, JLN STADIUM METRO STATION, KALOOR, KOCHI-682 017.

BY ADVS.

SHRI.K.SUJAI SATHIAN SMT.PREETHI. P.V.

SMT.MARY LIYA SABU SMT.AISWARYA S. ASHOKAN SHRI.NEERAJ KRISHNA KUMAR SMT.AYISHA BASILA ASHARAF SRI.T.SETHUMADHAVAN (SR.)

RESPONDENT/S:

1 BCG ESTATES & BUILDERS PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, RENU C.BABU, CHANDRATHIL HOUSE, AMBEDKAR ROAD, VENNALA, ERNAKULAM-682

028.

2 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3 THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

4 THE LAND REVENUE COMMISSIOENR, PUBLIC OFFICE COMPOUND, MUSEUM ROAD, THIRUVANANTHAPURAM-695

033.

5 THE DISTSRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD-682 030.

6 THE SPECIAL TAHSILDAR (LA), KOCHI METRO RAIL PROJECT, LA NO.II, CIVIL STATION, KAKKANAD-682 030.

BY ADVS.

SHRI.T.R.S.KUMAR SMT.DEENA JOSEPH SMT.DEEPA R MENON SHRI.MITHUN C THOMAS SHRI.AKSHAY JOSEPH ADHIKARAM SMT.SWARNA THOMAS SRI.JAFFARKHAN, SR GP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18.11.2025, ALONG WITH WA.372/2022, THE COURT ON 25/11/2025 DELIVERED THE FOLLOWING:

J U D G M E N T

A. Muhamed Mustaque, J.

The learned Single Judge considered a question regarding a challenge to an award passed under Section 11 (2) of the Land Acquisition Act, 1894 (hereinafter referred to as the “1894 Act”), based on an agreement entered into between the land owner and the Collector. This award was passed on 22/08/2014. The writ petition was filed challenging the award before this Court on 22/03/2021. The learned Single Judge issued a direction to the Special Tahsildar to consider whether he could issue such an award after 01/01/2014, the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , (hereinafter referred to as the “2013 Act”) came into force, and if he was of the view that he had no authority, he shall withdraw the award. It was further ordered that in the event the award is