State Of Kerala Vs Sheela Kurian, W/o.M.A.Kurian

High Court Of Kerala 1 Mar 2023 Writ Appeal No. 1853 Of 2022 (2023) 03 KL CK 0023
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Appeal No. 1853 Of 2022

Hon'ble Bench

A. Muhamed Mustaque, J; Shoba Annamma Eapen, J

Advocates

Princy Xavier

Final Decision

Allowed

Acts Referred
  • Kerala Land Acquisition Act, 1961 - Section 3g(v)

Judgement Text

Translate:

A. Muhamed Mustaque, J

1. The land belonged to the respondents comprised in Sy.No.211/9 of North Paravoor Village has been acquired for widening the national highway under the National Highways Act, 1956. In the land records, the land is classified as “Nilam”. Therefore, while determining compensation, the Collector awarded compensation to the respondents treating the land as “Nilam”. Aggrieved by the categorisation of the land as “Nilam” at low and the amount awarded by such categorisation, the respondents approached the District Collector invoking Section 3g(v) of the Kerala Land Acquisition Act. That arbitration proceedings are pending.

2. In the meanwhile, the respondents approached this court with the writ petition, seeking direction to Revenue Authorities to treat their land as “Purayidam” instead of “Nilam”. The  reliefs  sought  by  the  respondents  have  been allowed. The State has come up in appeal challenging that direction.

It is submitted at the Br by the learned counsel for the respondents that the direction to treat the land as “Purayidam” has been complied with pursuant to the contempt proceedings initiated. Further, on going through the impugned judgment, we find no reason to depart from the finding so rendered by the learned Single Judge. If that be so, we dismiss this appeal. We also direct the District Collector to consider the plea of re-determination of compensation treating the land as ”dry land”.

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