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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN
Jayakumari p w/o. Late jayakumar – Appellant
Versus
Special Tahasildar L.A (General) – Respondent
| Table of Content |
|---|
| 1. entitlement to re-determination of compensation under section 28a. (Para 1 , 4) |
| 2. jurisdiction and timing for applying for compensation adjustments. (Para 2 , 15) |
| 3. distinction between awards under sections 11(1) and 11(2) of the act. (Para 3 , 5 , 6 , 10) |
| 4. frameworks for compensation affected by legal agreements. (Para 7 , 8) |
| 5. objective of section 28a is to promote equality in compensation. (Para 9 , 11 , 12 , 14 , 16) |
| 6. final ruling on granting the benefit under section 28a. (Para 17) |
JUDGMENT :
C. JAYACHANDRAN, J.
1. Whether an Award passed in terms of Section 11 (2) of the Land Acquisition Act, 1894 (for short, ‘the Act’) is outside the scope of Section 28A of that Act, is the question involved in this writ petition. The question, in fact, received consideration by a learned Single Judge in Beena Sarasan v. State of Kerala [2025 KHC OnLine 231] wherein it was answered in the negative, holding that does not make any distinction between an Award passed under (1) or (2), and therefore, an awardee under (2) is also entitled to seek re-determination of compensation as per of the Act.
2. The following is the factual matrix:
The landed property, having an extent of 1
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