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2026 DAILYLAW 310 (KER)

Lakshmy Vijayaraghavan @ C. Lakshmy W/o Late T. N. Vijayaraghavan v. State of Kerala

2026-03-25

M A Abdul Hakhim

body2026
JUDGMENT : M.A. ABDUL HAKHIM, J. 1. The Petitioners Nos.2 & 3 are the daughters of the Petitioner No.1. The son of the Petitioner No.1 and brother of the Petitioners 2 & 3, Sri. T.V. Narayanan died, and Petitioner No.4 is the wife of the late Sri. T.V. Narayanan. The Petitioners claim that Sri. T.V. Narayanan had executed a registered Will in favour of the Petitioners Nos.2 to 4, bequeathing the compensation to be received for the property acquired from him. The Petitioners claim that they were the owners of 116.06 Ares of land comprised in Survey Nos.1189, 1191/2, 1191/3, 1191/4 and 1191/5 of Poonithura Village, which was acquired by the Respondents for the Kochi Metro Rail Project and Allied Projects. 2. In LAC No.11/2013, an extent of 34.60 Ares of land was acquired as per Section 4 (1) Notification dated 25.11.2012 under the Land Acquisition Act, 1894 (‘LA Act, 1894’ for short) for Thaikoodam Metro Station. The land was taken possession on 19.08.2013. The landowners gave Ext.P2 Consent Letter and executed Ext.P3 Form No.10(a) Agreement and 80% of the compensation was paid on 26.08.2013. Landowners submitted Ext.P8 Application dated 28.12.2015 to the Land Acquisition Officer requesting payment of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘LARR Act, 2013’ for short). The Land Acquisition Officer passed Ext.P10 Award under the LA Act, 1894, on 14.01.2016. The Petitioners received the remaining 20% of the compensation as per Ext.P11 Receipt dated 18.01.2016. 3. In LAC No.1/2015, an extent of 73.46 Ares of land belonging to the Petitioners was acquired as per Section 4 (1) Notification dated 07.09.2013 under the LA Act, 1894, for the Electric Sub Station at Thaikoodam. The land was taken possession on 24.01.2015. The Declaration under Section 19 (1) of the LARR Act, 2013, was issued on 16.04.2018. No Award was passed in this case, and no compensation was paid to the landowners. 4. In LAC No.1/2016, an extent of 6.79 Ares of land belonging to the Petitioners was acquired as per Section 4 (1) Notification dated 01.10.2013 of the LA Act, 1894, for Vyttila – Petta road widening. No declaration was issued, no Award was passed, and no compensation was paid to the landowners. 5. 4. In LAC No.1/2016, an extent of 6.79 Ares of land belonging to the Petitioners was acquired as per Section 4 (1) Notification dated 01.10.2013 of the LA Act, 1894, for Vyttila – Petta road widening. No declaration was issued, no Award was passed, and no compensation was paid to the landowners. 5. The Petitioners have filed the Writ Petition seeking directions to the Respondents to pass Awards under the LARR Act, 2013, in LAC Nos.11/2013, 1/2015 & 1/2016 and for ancillary reliefs. 6. I heard the learned Senior Counsel for the Petitioners, Sri. Shyam Padman, instructed by Adv. Sri. Laya Mary Joseph, learned Special Government Pleader, Smt. Sudha Devi N., for the Respondent Nos.1 to 5 & 7 and the learned Standing Counsel for the Respondent No.6, Sri. P.A. Augustine. 7. With respect to LAC Nos.1/2015 & 1/2016, there is no dispute between the parties that, in view of Section 24 (1)(a) of the LARR Act, 2013, awards are to be passed according to the provisions of the LARR Act, 2013. Hence, the Respondent No.7 is liable to be directed to pass awards in LAC Nos.1/2015 & 1/2016 within a time frame. 8. With respect to LAC No.11/2013, the learned Senior Counsel for the Petitioners contended that the Land Acquisition Officer has to pass a Supplementary Award under the provisions of the LARR Act, 2013, in addition to Ext.P10 Award already passed under the LA Act, 1894. The learned Senior Counsel contended that in Ext.P9 - Note to Award, it is specifically stated that the last date stipulated for passing of Awards as per the LA Act, 1894, was on 01.04.2014; that since the Award could not be passed before that date, the landowner is entitled to get compensation as per LARR Act, 2013; and that the balance amount of compensation, if any, will be paid after passing Supplementary Award as per LARR Act, 2013. In Ext.P10 Award also, the very same statement is made by the Land Acquisition Officer. The learned Senior Counsel invited my attention to Ext.P6 Minutes of the Meeting held before the District Collector on 20.01. 2025 , in which it is specifically stated that additional compensation under the LARR Act, 2013, would be given on implementation of the rules for the same. The Petitioners submitted Ext.P12 Claim Statement on 19.02.2016, requesting a determination of the compensation under the LARR Act, 2013. 2025 , in which it is specifically stated that additional compensation under the LARR Act, 2013, would be given on implementation of the rules for the same. The Petitioners submitted Ext.P12 Claim Statement on 19.02.2016, requesting a determination of the compensation under the LARR Act, 2013. The Petitioners had been bona fide expecting the passing of a Supplementary Award by the Land Acquisition Officer under the LARR Act, 2013. When there was no action from the part of the Land Acquisition Officer, the Petitioners submitted Ext.P14 Representation to the District Collector and Land Acquisition Officer, requesting to complete the procedure and pay the compensation with interest till the date of payment stipulated under the LARR Act, 2013. On account of the continued refusal on the part of the Respondents to pass Supplementary Award in LAC No.11/2013 and Awards in LAC Nos.1/2015 & 1/2016, the Petitioners were constrained to approach this Court by filing the present Writ Petition. The lands belonging to the Petitioners were acquired nearly 13 years back, and a nominal amount was given in LAC No.11/2013, and nothing was paid in LAC Nos.1/2015 & 1/2016. The land was taken possession in 2013 and 2015. Hence, the Respondents are liable to be directed to pass a Supplementary Award in LAC No.11/2013. 9. On the other hand, the learned Special Government Pleader and the learned Standing Counsel for the Respondent No.6 submitted that with respect to LAC No.11/2013, there is no need to pass a Supplementary Award under the provisions of the LARR Act, 2013. The landowners agreed to the acquisition of the land of 34.60 Ares covered by the said case for Rs.21 Lakh per Cent as per Ext.P2. Necessary Agreement in Form No.10(a) was also executed as revealed from Ext.P3. The landowners agreed to the acquisition of the land of 34.60 Ares covered by the said case for Rs.21 Lakh per Cent as per Ext.P2. Necessary Agreement in Form No.10(a) was also executed as revealed from Ext.P3. There is a specific clause in Ext.P3 that the owner and interested party agree to refer the matter to the reference of the Collector and to accept the Award to be made thereon as compensation payable under Section 23 of the LA Act, 1894, including additional amount at 12% under Sub-Section (1A), solatium at 30% under Sub-Section (2) thereof for the land; that the Land Acquisition Officer shall be competent to declare the Award as per the terms of the Agreement without any further enquiry which is required to be held under the provisions of the LA Act, 1894; and that the owner and the interested party shall not claim any amount in addition to the amount agreed upon as compensation and accept it without any protest. When the landowners have accepted to pass an Award under the provisions of the LA Act, 1894, without any reservation to pass any Award under the LARR Act, 2013, the Petitioners cannot seek a direction to pass a Supplementary Award under the LARR Act, 2013. The learned Special Government Pleader and the learned Standing Counsel contended that Ext.P6 Minutes do not relate to LAC No.11/2013, and hence there is no understanding that additional compensation would be paid under the LARR Act, 2013, on implementation of the rules for the same. They cited the judgment of the Division Bench of this Court in BCG Estates and Builders Private Limited v. State of Kerala and Others, 2025 KER 90498 , in which the Division Bench dismissed the claim of the landowner for passing Award under LARR Act, 2013, on the ground that the landowner initially received 80% of the compensation on the basis of the agreement and later received the remaining 20% of the compensation pursuant to the Award and the Writ Petition was filed seven years after the Award. They contended that the said decision is squarely applicable to the case at hand as Ext.P10 Award was passed on 14.01.2016 and the Writ Petition was filed only on 03.01.2023. They further cited the decision of the Hon'ble Supreme Court in Government of Tamil Nadu, Rep. They contended that the said decision is squarely applicable to the case at hand as Ext.P10 Award was passed on 14.01.2016 and the Writ Petition was filed only on 03.01.2023. They further cited the decision of the Hon'ble Supreme Court in Government of Tamil Nadu, Rep. by its Secretary, Transport Department v. P.R. Jaganathan, 2025 KHC OnLine 6952 to substantiate the point that a contract voluntarily entered into between the parties shall not be disturbed by taking recourse to the statutory provisions. They concluded their arguments, praying to dismiss the Writ Petition with respect to LAC No.11/2013. 10. I have considered the rival contentions with respect to the prayer of the Petitioners to pass a Supplementary Award under the LARR Act, 2013, in LAC No.11/2013 and perused the records. 11. In LAC No.11/2013, the landowners agreed to the acquisition of the land for a compensation @ Rs.21,00,000/- per Cent as per Ext.P2 dated 26.08.2013. On the same day, they executed Ext.P3 Agreement in the prescribed form and received 80% of the Compensation. On passing Ext.P10 Award on 14.01.2016 under the LA Act, 1894, they received the remaining 20% of the compensation on 18.01.2016 as per Ext.P11 Receipt. It is true that in both Ext.P9 Note to Award and Ext.P10 Award, there is a clause that since the Awards under the LA Act, 1894, could not be passed before 01.04.2014, the landowner is entitled to get compensation as per LARR Act, 2013; and that the balance amount of compensation, if any, will be paid after passing Supplementary Award as per the LARR Act, 2013. But here is a case where the compensation is determined by fixing the land value at the rate of Rs.21,00,000/- per Cent as per the Agreement between the parties. The rate of land value at the rate of Rs.21,00,000/- per Cent was agreed upon between the parties before the date of implementation of the LARR Act, 2013. The landowners received 80% of the compensation on the date of execution of Ext.P2 Consent and Ext.P3 Agreement. The Respondents paid 80% of the compensation immediately, relying on the consent of the landowners to fix the land value at Rs.21,00,000/- per Cent. The landowners received 80% of the compensation on the date of execution of Ext.P2 Consent and Ext.P3 Agreement. The Respondents paid 80% of the compensation immediately, relying on the consent of the landowners to fix the land value at Rs.21,00,000/- per Cent. The above- referred terms of the Ext.P3 Agreement clearly reveal that the landowners agreed to pass the award under the LA Act, 1894, and that they will not claim any amount in addition to the amount agreed upon as compensation, and they accept it without any protest. Ext.P6 is the Minutes of Meeting held on 20.01.2015 subsequent to Exts.P2 and P3 dated 26.08.2013. It states that 80% of the compensation will be paid on giving possession of the land. With respect to LAC No.11/2013, the land was taken possession on 19.08.2013, and 80% of the compensation was paid on 26.08.2013, much prior to the Meeting held on 20.01.2015, and hence there was no question of giving possession of the land and payment of 80% compensation after the Ext.P6 Meeting. Hence, it is clear that Ext.P6 does not relate to LAC No.11/2013. Even though there was a clause in Ext.P9 Note to Award and Ext.P10 Award dated 14.01.2016 that the landowner is entitled to get compensation as per the LARR Act, 2013, and that the balance amount of compensation, if any, will be paid after passing a Supplementary Award as per the LARR Act, 2013, the Petitioner did not take any effective steps to get the Supplementary Award passed under the LARR Act, 2013, till the year 2023 by filing this Writ Petition, except for the submission of Ext.P14 Representation on 28.02.2021. In such case, the decision of this Court in BCG Estates and Builders Private Limited (supra) is squarely applicable and I hold that the Petitioners are not entitled to seek for passing Supplementary Award under the LARR Act, 2013, on account of the execution of Ext.P2 Consent and Ext.P3 Agreement and receipt of compensation thereon and the delay of nearly 7 years in filing this Writ Petition. 12. In view of the aforementioned discussion, I dispose of this Writ Petition as follows: 1) The Respondent No.7 is directed to pass Awards under the LARR Act, 2013, in LAC Nos.1/2015 and 1/2016 and disburse the compensation in accordance with law within three months from the date of receipt of a certified copy of this judgment. 12. In view of the aforementioned discussion, I dispose of this Writ Petition as follows: 1) The Respondent No.7 is directed to pass Awards under the LARR Act, 2013, in LAC Nos.1/2015 and 1/2016 and disburse the compensation in accordance with law within three months from the date of receipt of a certified copy of this judgment. 2) The prayer of the Petitioners to pass a Supplementary Award in LAC No.11/2013 under the LARR Act, 2013, is declined.