RADHAKRISHNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The only question which arises for consideration in this case is whether an application for reference under S.20(2) of the Kerala Land Acquisition Act, 1961 ('the Act') is barred when the award was made pursuant to an agreement between the parties as regards the value of the land and other material particulars.

(2.) By agreement dated 21-6-1974 it was agreed between the petitioners and the Collector that the land belonging to the petitioners would be acquired under the Act at a value of Rs.80/- per cent inclusive of solatium and value of improvements. Subsequent to that agreement steps were taken for acquisition. Notices under S.3(1) and 6 were issued on 3-9-1974 and 9-12-1975 respectively. The award was made on 30-12-1976 strictly in compliance with the value mentioned under the agreement. The award was sought to be challenged by the petitioners by means of an application (Ext. P2) which was admittedly filed within the time stipulated under S.20.

(3.) The application was rejected by the 2nd respondent by Ext. P3 order dated 30-8-1977 solely on the ground that in view of the agreement dated 21-6-1974 an application under S.20 was not maintainable. That is precisely the question which is now agitated before me.