IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
THANKAPPAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 41814 OF 2023 | WP(C) NO. 42040 OF 2023 | WP(C) NO. 42091 OF 2023 | WP(C) NO. 43203 OF 2023
JUDGMENT
[WP(C) Nos.41814/2023, 42040/2023, 42091/2023, 43203/2023]
Heard Sri. R.S. Kalkura, learned counsel for the petitioner as well as Sri. Jafar Khan, learned Government Pleader for the respondents herein.
2. The properties of the respective petitioners were admittedly acquired by the State for road widening during the year 2010. Compensation was also awarded by the Land Acquisition Officer. The award of the compensation by the Land Acquisition officer was sought to be enhanced at the instance of the petitioners, and when the Reference Court ordered for enhancement, the acquisitioning authority as well as the requisitioning authority were before this Court by filing appeals against the orders of the Reference Court. Admittedly, the appeals filed as above were also rejected and even thereafter, compensation is not being paid to the petitioners in full, is the complaint of the petitioners in these writ petitions.
3. The fact that the petitioners' property have been acquired and compensation has been issued is also not in dispute. The compensation which has been subsequently enhanced, has also been confirmed by this Court.
In view of the afore, I am of the opinion that the petitioners are to be disbursed with the compensation due on the basis of the acquisition as above. In such circumstances, these writ petitions would stand disposed of, directing the requisitioning authority to deposit the balance of the compensation as enhanced by this Court before the Reference Court. There will also be a further direction to the acquisitioning authority to take steps for disbursal of the afore amounts as expeditiously as possible, at any rate within a period of four months from the date of receipt of copy of this judgment.
Sd/-
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