JUDGMENT

For ease of reference, the facts and circumstances, as pointed out in W.P.(C) No.19221 of 2023 is referred.

2. The petitioner in this writ petition is stated to be the owner in possession and enjoyment of 98 cents of land in Re-survey No.3/1B of Keezhallur village on the basis of a partition deed of the year 1986. Acquisition proceedings were taken by the Government for the purpose of the construction of the Kannur Airport. The Kerala Industrial Infrastructure Development Corporation (KINFRA) purchased an extent of 90 cents, which was the only extent of property available as per the title deed. On measuring the property, the actual property available was less than the extent mentioned in the title deed, and therefore compensation was paid only to that extent. The issue is essentially as to whether, in a situation where there is a dispute as regards the remaining land, the procedure under Rule 18(4) of the Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015 (hereinafter referred to as the ‘Rules’), requires to be followed or not. In an earlier round of litigation, by judgment dated 24.11.2020 in W.P.(C) No.143