WP(C) NO. 7476 OF 2018 1 2025:KER:28103 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 7476 OF 2018 PETITIONER: MUTHUKOYA T P AGED 64 YEARS, S/O.LATE POOKOYA HAJI, THEPPALI HOUSE, AMINI ISLAND, LAKSHADWEEP - 682 552. BY ADVS. SRI.G.P.SHINOD SHRI.AJIT G ANJARLEKAR SRI.GOVIND PADMANAABHAN RESPONDENTS: 1 UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY THE ADMINISTRATOR, KAVARATTI, UNION TERRITORY OF LAKSHADEEP - 682 555. 2 THE ADMINSITRATOR OF THE UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682 555. 3 THE LAND ACQUISITION COLLECTOR KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADEEP - 682 555. 4 THE SUB DIVISIONAL OFFICER AMINI ISLAND,UNION TERRITORY OF LAKSHADWEEP - 682 556. 5 THE DEPUTY DIRECTOR SUBSIDIARY INTELLIFENCE BUREAU (MHA), GOVERNMENT OF INDIA, THYCAUD POST, THIRUVANANTHAPURAM DISTRICT - 695 001. WP(C) NO. 7476 OF 2018 2 2025:KER:28103 BY ADVS. SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION K.S.PRENJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7476 OF 2018 3 2025:KER:28103 MOHAMMED NIAS C.P., J. ======================== W.P(C) No. 7476 of 2018 ========================= Dated this the 2nd day of April, 2025 J U D G M E N T The property of the petitioner and others was acquired by the 2nd respondent invoking the urgency clause under Section 17 (4) of the Land Acquisition Act, 1894. The petitioner contends that 80% of the estimated value of the acquired land has been paid, and the balance of 20% remains unpaid. The writ petition is filed for a direction to the respondents to disburse the balance of the estimated compensation under the Land Acquisition Act, 1894. There is also a prayer to pass an award in terms of Section 24(1) (a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and disburse the balance amounts within the time frame to be fixed by this Court. 2. It is conceded by both sides that the 2nd prayer sought in the WP(C) NO. 7476 OF 2018 4 2025:KER:28103 writ petition is covered against the petitioner by the judgments of the Hon'ble Supreme Court in 2020 (8) SCC 129 Indore Development Authority v. Manoharlal and Others, Govt. of NCT Delhi and Another v. Dinesh Kumar and Another 2023 KHC 6486 and Delhi Airtech Services Pvt. Ltd (M/s) and Another v. State of U.P. And Another 2022 KHC Online 7095, which laid down the principle that S.11A though applicable for the acquisitions initiated under S.17(1) of the 1894 Act, the consequence of it will not affect the case where the land has vested on compliance with section(3A) of S.17 of the 1894 Act when 80% of compensation is tendered and paid. 3. As far as the 1st prayer is concerned, the respondents undertake before this Court that they will pay the balance 20% of the estimated compensation in accordance with law within 30 days from today. This is recorded. 4. Accordingly, the writ petition is ordered, and there will be a direction to the respondents to pay the balance 20% estimated compensation to the petitioner, in accordance with law, within 30 days WP(C) NO. 7476 OF 2018 5 2025:KER:28103 from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS  C.P. JUDGE LU WP(C) NO. 7476 OF 2018 6 2025:KER:28103 APPENDIX OF WP(C) 7476/2018 PETITIONER EXHIBITS : EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 08.10.2017 ISSUED BY THE LAND ACQUISITION COLLECTOR VIDE F.NO.34/91/2006-LR. EXHIBIT P2 A TRUE COPY OF THE LETTER ISSUED BY THE LAND ACQUISITION COLLECTOR VIDE F.NO.34/91/2006- LR/1049 DATED 01.09.2009 TO THE DEPUTY DIRECTOR, SUBSIDIARY INTELLIGENCE BUREAU (MHA). EXHIBIT P3 A TRUE PHOTOCOPY OF THE LETTER DATED 10.02.2010 ISSUED VIDE F.NO.34/91/2006-LR BY THE LAND ACQUISITION COLLECTOR TO THE SUB DIVISIONAL OFFICER, AMINI ISLAND. EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 20.12.2012 SUBMITTED BY THE PETITIONER BEFORE THE LAND ACQUISITION COLLECTOR. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 12.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. // True Copy // PA To Judge