The petitioner has filed this writ petition challenging Exts.P2, P5 and P8 proceedings of the third respondent under the Land Acquisition Act, 1894. The contention of the petitioner is that, no award having been passed under the old Act, with the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the impugned proceedings have lapsed. In spite of the above, a notice under section 9(1) of the old Act has been issued on 9.10.2014 which is Ext.P8. It is also pointed out that, the issue is directly covered by the decision of this Court in Aliyamma Mathai Vs. State of Kerala and Others [2014 (3) KHC 808].
I have heard the learned Government Pleader also.
In view of the decision of this Court in Aliyamma Mathai Vs. State of Kerala and Others (supra), since no award was W.P.(C).No.27392 of 2014 2 passed under the Land Acquisition Act, 1894, the proceedings initiated under the old Act by Ext.P2 and Ext.P5 cannot be continued.
The above being the position, this writ petition is allowed.
Exts.P2, P5 and P8 are quashed.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.