THULASEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) AN extent of 0.75 Ares of land belonging to the petitioner was acquired for the purpose of Railways. Dissatisfied with the award of compensation, the petitioner moved an application for reference. Accordingly, reference was made and it was numbered as LAR No.215 of 1996 on the file of the Court of the Additional Subordinate Judge of Kollam. The Land Acquisition Reference was disposed of by the judgment dated 29th November, 2003. The judgment reads as follows: "Claimant has not adduced any evidence to substantiate their claim for enhanced compensation. In the result, the award passed by the Land Acquisition Officer is confirmed."

(2.) THE petitioner filed Ext.P2 application under Section 151 of the Code of Civil Procedure and Order 47 Rule 1 and Order IX Rule 9 to restore the case and to reconsider the judgment passed by the court below, after condoning the delay. THEre was a delay of more than 7 years. THE court below dismissed the applications on the ground that the petitioner failed to establish sufficient reason for condoning the delay. THE orders passed by the court below are under challenge in this Original Petition.

(3.) IT is true that there is inordinate delay in filing the application by the petitioner. But it cannot be forgotten that the reference court did not answer the reference on the merits. IT only "confirmed" the award passed by the Land Acquisition Officer. There is no question of any confirmation by the reference Court of the award passed by the Land Acquisition Officer, in a Land Acquisition Reference. The judgment passed by the court below is against the principles of law laid down by the Supreme Court and the Division Bench of this court. When it was pointed out that the judgment was not proper, irrespective delay, the court should have set things right by disposing of the case on the merits. For the aforesaid reasons, the Original Petition is allowed. The orders passed by the court below are set aside and I.A.Nos.5241 of 2010 and 5242 of 2010 are allowed. The Land Acquisition Court shall dispose of the Land Acquisition Reference on the merits. However, as held in 2008(1) KLT 206, the Land Acquisition Court will also consider the question as to payment of interest, taking into account the relevant facts.