The petitioners are legal heirs of the owners of the land which was annexed by the National Highways Authority of India, who died intestate. They were eligible for compensation even final decree of appellate Court is not passed regarding partition dispute: Kerala High Court.
The Kerala High Court has passed a judgment on 1st March, 2023 in which the Court stated that there is no need to delay payment of compensation for land acquisition if there is no dispute regarding the property at that time even final decree by appellate Court regarding the partition is not passed. This was stated in the case of Radha Krishna Nair and Ors V. Union of India and Ors (WP(C) NO. 36100 OF 2022). The Case was presided over by The Honourable Mr. Justice Gopinath P.
FACTS OF THE CASE
The petitioners claimed to be legal heirs of Chellappan Nair and Maheswari Amma, who died intestate and petitioner 1 filed a partition suit before competent Court and the passed decree regarding the partition of the property and the other petitioner who is aggrieved by the order of the Court filed an appeal. The Appellate Court has modified the trial Court decree on the matter of the property belonged to Maheswari Amma and the order was made final. The said property was acquired for the purpose of widening NH 66. The Respondent 2 has communicated to the petitioners that since the final decree of the appellate Court are not passed, so they are not eligible for the payment of compensation at present. Aggrieved by the said communication the petitioners approached High Court.
The Court has stated that the final decree of the appellant Court is not needed to delay the payment of compensation in any manner, when there is no dispute between the petitioners regarding the partition of the land. This may be in the terms of the Court or otherwise. The Court stated the compensation should be given to the petitioners after execution of notarized affidavit before the competent Authority regarding the manner in which each party is entitled to the compensation in respect of the land acquired. This shall be done within one month from the date of the judgment. The writ petition is disposed.
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JUDGMENT REVIEWED BY ATTILI LEELA NAGA JANAKI RAJITHA.