An extent of 0.4351 hectares (1.07 Ares) in Resurvey No. 236/4 of Ramanattukara Village was acquired from the possession of the petitioner for KINFRA Knowledge Park at Ramanattukara. This writ petition has been filed mainly seeking the prayer to issue a writ of mandamus commanding the respondents 1 and 2 to refer Ext.P5 claim for enhancement of the amount of compensation awarded under section 18 of the Land Acquisition Act, 1894 (for short ' the Act'). According to the petitioner she was required to produce proof of submission of request for reference under section 18 of the Act as the records do not reveal submission of such a request for reference. The learned counsel for the petitioner submitted that in view of the subsequent developments this writ petition can be disposed of. It is submitted that pending this writ petition an award enhancing the compensation was passed in respect of another property covered by the same notification on W.P.(C) No. 18656 of 2013 2 reference under section 18 of the L.A. Act and on coming to know about it the petitioner submitted an application for redetermination of the compensation based on the said award under section 28(A) of the Act. The learned counsel further submitted that the enquiry on the said application is already over. In the said circumstances this writ petition can be disposed of with a directions to competent among respondents to pass appropriate orders on the application submitted by the petitioner under section 28A of the Act. As noticed hereinbefore, the very stand of the respondents is that the petitioner has not filed an application under section 18 of the Act. In the said circumstances, in case the application under section 28(A) was filed within the time stipulated statutorily there cannot be any impediment in considering the same and passing appropriate orders, in accordance with law and in fact the petitioner requires only such a consideration. In the said circumstances this writ petition is disposed of with a direction the second respondent to consider the application filed by the petitioner under section 28(A) of the Act, in accordance with law and pass appropriate orders thereon regarding on the request for redetermination of amount of compensation W.P.(C) No. 18656 of 2013 3 based on the award produced by the petitioner. It shall be done expeditiously and at any rate within three months from the date of receipt of a copy of this judgment. Sd/-
C.T.RAVIKUMAR,JUDGE.
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