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2026 Supreme(Online)(Ker) 16901

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SHIJINA VIJESH – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 5124 OF 2026



Important Points

The Court affirmed that a writ petition is premature due to incomplete statutory assessments under the 2013 Act.

Subject

Administrative Law - Land Acquisition

Act Referred

Headnote

In this judgment, the Court analyzed the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, specifically referring to Sections 4, 7, and 8. The petitioners contended that no alternative place for acquisition was considered for constructing a bridge. The Court determined that the writ petition is premature due to incomplete assessments mandated by the 2013 Act. Furthermore, the Expert Group is directed to consider specific contentions regarding land acquisition requirements before the petition is resolved. As a result, the petition stands closed pending expert review.

Advocates:
For the Appellants/Petitioners: SMT.KAVERY S THAMPI
For the Respondents: AJITH VISWANATHAN, GOVERNMENT PLEADER

JUDGMENT

Having heard the learned counsel for the petitioners and the learned Government Pleader, this Court notice that the present Writ Petition is premature, inasmuch as the S.I.A. study, in terms of Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , ('2013 Act', for short) alone has taken place. An appraisal by the Expert Group in terms of Section 7 , and an examination of the proposal by the Government in terms of Section 8 , both, have not taken place. In the circumstances, the relief sought for in the Writ Petition cannot be granted. However, one specific contention has been raised by the learned counsel for the petitioners, by referring to Ext.P2 (at running page no.101 of the Writ Petition) to the effect that no alternative place for acquisition has been considered. A reason is also stated for the same, that the acquisition is for the purpose of construction of a bridge by providing approach roads on both sides. Along with the other requirements in terms of law, the Expert Group will also specifically consider the above contention touching the requirements of (4)(e) of the 2013 Act. Subject to the above direction to the Expert Group to be constituted, the instant Writ Petition will stand closed.

Sd/-

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