STATE OF KERALA Vs. MATHEW K.X

JUDGEMENT

(1.) This appeal is preferred by the Government of Kerala and the District Collector, Ernakulam, challenging the judgment dated 09.10.2018 of the learned single Judge in W.P.(C) No. 18200 of 2018, whereby the learned single Judge allowed the writ petition and held that the sale deeds executed by and between the writ petitioners and the second appellant, ie., the District Collector Ernakulam, shall be reckoned as awards in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act, 2013' for short). Thereupon, it was directed that Exts.P12 and P13 applications submitted by the writ petitioners seeking reference shall be taken up by the appellants and treating the sale deeds as awards, appropriate orders shall be passed thereon in terms of Section 64 of the Act, 2013 within three months from the date of receipt of a copy of the judgment.

(2.) Shorn of unnecessary details, material facts for the disposal of the appeal are as follows:

(3.) Here, the seminal question arising for consideration is whether the finding of the learned single Judge that the agreement executed by and between the writ petitioners and the District Collector could be treated as an award in terms of Act, 2013?. Exts.P10 and P11 are undisputedly the agreements unilaterally executed by the petitioners in favour of the District Collector, Ernakulam. In Ext.P10 agreement executed by and between the first petitioner and the District Collector, the first petitioner is agreeing to surrender the lands in terms of Ext.P1 sale deed dated 22.03.1984 for a total consideration of Rs.45,56,102/- and it is borne from the agreement that 50% of the amount was paid and the balance amount was to be paid in accordance with the terms and conditions contained under the agreement dated 22.09.2016. The relevant and significant aspect of the said agreement is that, it is essentially a condition of agreement that while re-determining the value of the land surrendered by the first petitioner under the provisions of the Act, 2013 and the Rules framed thereunder, if any further compensation or package is offered by the Government over and above the compensation already fixed, the petitioner shall have the eligibility for receiving the same. Similarly, in Ext.P11 agreement executed by the second petitioner in favour of the District Collector, Ernakulam also, the said essential condition is included. It was based on the said recital in the agreements that the learned single Judge directed the District Collector to consider Exts.P12 and P13 applications seeking reference and pass appropriate orders in terms of Section 64 of the Act, 2013.