2025:KER:27344 WP(C) NO. 3654 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 3654 OF 2025 PETITIONER: BUSHARA AGED 45 YEARS W/O. ABDUL MAJEED, KURUVARANIKKARA HOUSE, POST PARAPPANPOYIL, ANDONA, THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573 BY ADVS. K.A.SALIL NARAYANAN K.BINCYMOL RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION BUILDINGS, POST CIVIL STATION, KOZHIKODE, PIN - 673020 2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, O/O. SPECIAL TAHSILDAR (LA), KOZHIKODE., PIN - 673001 SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27344 WP(C) NO. 3654 OF 2025 2 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 3654 of 2025 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The prayer in this writ petition is to quash Ext.P3 and to declare that the petitioner is entitled to get compensation for the land acquired to be redetermined as per Section 28A of the Land Acquisition Act in tune with Ext.P2 judgment and as per the value fixed in LAR No.323/2015 and LAR No.394/2015 on the file of Principal Subordinate Judge's Court, Kozhikode. 2. A statement has been filed by the respondents wherein it is stated that the nature of the land involved in LAR No.323/2015 and LAR No.394/2015 is different from that of the petitioner's land. The petitioner's land is a wet land. Admittedly, the judgment referred to as the judgment in LAR No.323/2015 is a combined judgment in several land acquisition references in which there were 2025:KER:27344 WP(C) NO. 3654 OF 2025 3 wet lands as well as lands belonging to other categories. LAR.No.270/2015 which is one of the cases which was disposed of in the common judgment, refers to wet land. This fact is also admitted in the statement. It is in these circumstances, that the draft award was submitted based on the judgment in LAR.No.270/2015 before the District Collector. I do not find any reason for rejecting the said draft award for the reason that the land involved is different from the land involved in LAR.No.323/2015. The essence of the judgment had to be looked into and it is clear from the judgment itself that the judgment covers the properties which are wet land. In the above circumstances, this writ petition is disposed of. Ext.P3 is set aside. There will be a direction to the District Collector to reconsider the draft award on the basis of the judgment in LAR.No.270/2015 which also is part of the common judgment in LAR.No.323/2015 and approve the draft award if the land acquired from the petitioner is similar to the land in LAR.No.270/2015 2025:KER:27344 WP(C) NO. 3654 OF 2025 4 regarding which there is already an admission contained in the statement filed before this Court. Necessary orders shall be issued within six weeks from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE LEK 2025:KER:27344 WP(C) NO. 3654 OF 2025 5 APPENDIX OF WP(C) 3654/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SAID APPLICATION BEFORE THE SPECIAL TAHASILDAR (L.A) KCRIP KOZHIKODE DATED 29.05.2017 Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.P.(C). 9898/2023 DATED 29.07.2024 Exhibit P3 TRUE COPY OF THE ABOVE ORDER THE PETITIONER PRODUCED THE SAME BEFORE THE 2ND RESPONDENT DATED 20/12/2024