C C RUGMANI Vs. SECRETARY THRISSUR MUNICIPAL

JUDGEMENT

(1.) THE main prayer in the writ petition is for a direction to the second respondent to issue a fresh award in accordance with the direction given in common Judgment in O.P.Nos.4601/89 and connected cases, dated 03/08/1990.

(2.) THE properties of the petitioners along with the properties of some other land owners were acquired by the Thrissur Municipality for constructing a Swimming Pool and Acquatic Complex. Award No.2/1989 was passed on 17/04/1989 fixing compensation for the acquired properties. THE total extent of the property is 2.0079 hectors.Subsequently, some of the land owners approached this Court when they came to know that the entire property is not needed for the said purpose. Accordingly, this Court passed a common Judgment in O.P.Nos.4601/89 and connected cases with a direction for reconveyance of the land acquired in excess of the requirement. It is averred in paragraph (2) of the writ petition that the Judgment was rendered on 03/08/1980.THE Land Acquisition References in respect of the petitioners' property came up for consideration before the Sub Court, Thrissur and were pending at that point of time as LAR No.15/96 and LAR 24/96. When the matter came up for hearing for trial on 04/09/2002, in the light of the Judgment in O.P.No.5238/1989 and connected cases of this Court dated 03/08/1990, the Sub Court found that the references made by the Land Acquisition Officer are against the intimation made by this Court in the common Judgment. It was held that the only option available to the Land Acquisition Officer is to pass an award, in conformity with the observation made by this Court in the common Judgment.Accordingly, by Ext.P1 common order the Land Acquisition Court rejected LAR Nos.14/96, 15/96, 21/96, 24/96 and 1/96. THE claimant in LAR 1/96 approached this Court seeking for a direction to the Land Acquisition Officer to pass fresh award, which was disposed of by Ext.P2 Judgment, directing the Land Acquisition Authority to modify the earlier award limiting the extent of the property acquired, which means, excluding the area which was reconveyed. And it is averred in the writ petition that a fresh award was passed and thereafter, the LAR 1/96 was renumbered as LAR 54/07.

(3.) THEREFORE, there will be a direction to the second respondent to pass fresh awards in respect of the properties acquired from the petitioners within a period of three months from the date of receipt of a copy of this Judgment. All other contentions of the respective parties including the Corporation are left open. The writ petition is disposed of as above. No costs.