WP(C) Nos. 6688 of 2019 & 6726 of 2019 – Sabu K Joseph v. State of Kerala & InfoPark; Raju Somaraj v. State of Kerala & InfoPark
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- T.R. Ravi
- Judgment Date
- 2023-09-19
- Court Decision / Holding
- The writ petitions are allowed. Ext.P4 orders rejecting the 28(A) applications are quashed. The respondents are directed to refer the Ext.P3 applications under Section 28A(3) of the Land Acquisition Act, 1894 to the Reference Court for adjudication. Necessary orders shall be issued within one month from receipt of a copy of this judgment.
- Final Disposition
- Writ petitions allowed; Ext.P4 quashed; direction to refer Ext.P3 under Section 28A(3) to the Reference Court for adjudication; orders to be issued within one month.
Parties to the Case
Appellants / Petitioners
- Sabu K Joseph
- Raju Somaraj
Respondents
- State of Kerala
- Info Park Kakkanad
Legal Representation & Advocates
Counsels for Petitioners
- • T.R.S. Kumar
- • K.V. Sabu
- • T.K. Shajith
- • Deena Joseph
- • Deepa R. Menon
- • Swathy S. Anil
Counsels for Respondents
- • Deepa V.
- • K.A. Abdul Salam
Case Synopsis & Summary
These connected writ petitions challenge the Land Acquisition proceedings for the second phase development of Infopark, Kakkanad. The Land Acquisition Officer awarded compensation under Section 11(1) of the Land Acquisition Act, 1894, with the amount deposited before the Reference Court under Section 30. The petitioners/proprietors proved their title and received compensation in 2013 from the Reference Court. They did not file a Section 18 reference for enhancement. Instead, they sought re-determination under Section 28A(1) before the first respondent, relying on Ext.P2, a common judgment in LAR Nos. 81/2010 and 111/2010. The first respondent rejected Ext.P3 on the ground that the petitioners failed to produce the original judgment relied upon, and relied on a separate writ petition, WP(C) 2769/2016, to justify the rejection. The petitioners pressed the Sahid decision, contending that a delay in producing a certified copy should not defeat consideration, provided other conditions are met and the application is within three months of receipt of the judgment. The court relied on Sahid ( Supra ) and held that Ext.P4 cannot stand; the petitions are allowed, Ext.P4 is quashed, and the 28A(3) references must be referred to the Reference Court for adjudication, with orders to be issued within a month.
Provisions of Law Cited
Legal Doctrines & Maxims
- Sahid and Ors. v. District Collector, Kollam and Ors. (O.P.No.15920 of 1996 and connected cases) – principle that a Section 28A(1) application filed within three months from the date of award should be considered on merits even if a certified copy of the judgment is not produced, if other conditions are satisfied.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that Ext.P4 rejecting their 28A(1) applications should be set aside. Relying on Sahid (Supra), they argued that a certified copy of the judgment need not be produced for maintainability if the application is within three months from the date of award and the other conditions are satisfied. They asserted Ext.P2’s judgments (LAR Nos.81/2010 and 111/2010) and the related orders were sufficient to trigger consideration on merits, and that the lack of the original judgment cannot defeat the claim so long as the essential facts and dates are provable through certified copies and other documents. They highlighted that Ext.P6 (W.P.(C) No.2769/2016) was recalled later, undermining reliance on that judgment. The petitioners also argued that the matter involves common judgments and that the Reference Court should adjudicate under Section 28A(3) (re-determination) based on Ext.P2. They urged a merit-based examination rather than technical dismissals.
Contentions of Respondents
The respondents maintained Ext.P4 was valid because the petitioners failed to produce the original judgment relied upon, making it difficult to determine timely filing and eligibility. They argued the lands involved belonged to different land categories (6th vs 12th) and that the applications were not properly supported with the requisite certified copies. They emphasized that Ext.P2’s common judgment was not appropriately proven by the petitioners, and that the earlier W.P.(C) No.2769/2016 was dismissed, with Ext.P6 recalled through Ext.P7, limiting its value as precedent. They urged that Section 28A(3) references must be pursued only after proper verification and time-bound compliance, and that the Court should deny any relief where formalities or title proofs are incomplete.”},
Cited Precedents (5)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sahid and Ors. v. District Collector, Kollam and Ors. | O.P.No.15920 of 1996 | Positive | Court relied on the Sahid principle that 28A(1) applications filed within three months from the award should be considered on merits even if certified copies are not produced, provided other conditions are satisfied. |
| W.P.(C) No. 2769/2016 | W.P.(C) No.2769/2016 | Partly Overruled / Limited | Ext.P6 judgment was recalled by Ext.P7; its authority is limited and cannot be relied upon for the present outcome. |
| R.P. No. 302/2017 | R.P.No.302/2017 | Mentioned Only | Referenced in context of Ext.P6 recall but not used as a controlling authority. |
| Common Judgment in LAR Nos.81/2010 & 111/2010 (Perumbavoor) | LAR Nos.81/2010 & 111/2010 | Mentioned Only | Cited as related judgments; not a controlling legal principle for the decision. |
| Judgment in LAR 60/2010 (Perumbavoor) | LAR No.60/2010 | Mentioned Only | Exhibit relied upon by petitioners; used as evidence rather than a binding precedent. |
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