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2026 Supreme(Online)(Ker) 12569

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ABDUL KAREEM @ ABDU – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.ROSE MICHAEL, SRI.C.P.WILSON, SHRI.MICHAEL PAUL CHITTINAPPILLY, SRI.SUJITH AJAYAN, SMT.MEERAMOL JIJI
For the Respondents: SMT.S.L.SYLAJA, GOVT. PLEADER, SMT.RESMITHA R. CHANDRAN, STANDING COUNSEL, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA (LTD.)

Table of Content
1. properties acquired under land acquisition law. (Para 1)
2. court reviews similar prior judgment. (Para 2 , 3)
3. entitlement to benefits as per prior ruling. (Para 4)

JUDGMENT

The properties of the petitioners were acquired in con-nection with the construction of the seaport - airport road. The petitioners contend that, though the land acquisition pro- ceedings were initiated under the provisions of the Land Ac- quisition Act, 1894 (hereinafter referred to as the ‘Act’), no award with reference to the provisions of Section 11 of the Act was issued. In such circumstances, the petitioners rely on the provisions of Section 24 (1)A of the Right to Fair Com- pensation And Transparency in Land Acquisition, Rehabilita- tion and Resettlement Act, 2013 (hereinafter referred to as the ‘New Act’), to contend that the award requires to be is- sued under the provisions of the New Act. It is pointing out the afore, that the petitioners are before this Court, seeking for a direction to the respondents herein to pass awards un-der the provisions of the New Act. 2026:KER:15896 & 35792/2025, 37941/2023

3. A similar issue has already been considered by the learned Single Judge of this

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