STATE OF KERALA Vs. JOHN MARIAKUTTY

JUDGEMENT

(1.) The State of Kerala as well as the claimant in L. A. R. No. 40 of 1977 on the file of the Sub Court, Kottayam, aggrieved by the decision of that court, have preferred these appeals.

(2.) Twenty one cents (8.49 ares) out of 50 cents in Sy. No. 723/1 (demarcated separately as subdivision 1/3) of Kuravilangad Village, Meenachil Taluk, Kottayam District, belonging to the claimant, namely, the appellant in L. A. A. 135 of 1979, and the respondent in L. A. A. 132 of 1979 was acquired under the provisions of the Kerala Land Acquisition Act, 1961 (that is, Act 21 of 1962) for the purpose of establishing a taxi stand by the Kuravilangad Panchayat. S.3(1) notification was published in the Gazette dated 18th December 1973 and the objections filed by the claimant were overruled. This was followed by a declaration under S.6 of the Act. Notice under S.9(3) of the Act was served on the claimant and others on 13th October 1975 while public notice was given as contemplated under S.9(1) of the Act and published in the gazette dated 14th October 1975 as contemplated under S.9(5) of the Act. The claimant authorised her husband to appear before the Land Acquisition Officer to file statements, make claims and produce documents. He appeared before the Land Acquisition Officer on 28th October 1975 but did not file any written statement or produce any document. The enquiry was adjourned to 3rd December 1975 and on that day the claimant's husband produced title deeds, but did not file any written statement or claim. The Land Acquisition Officer on the basis of the basic document Ext. B3 fixed the land value at Rs. 600 per cent. The total land value was fixed at Rs. 12,582.18 and improvements were valued at Rs. 330. Including solatium, the total compensation awarded was Rs. 14,849. The Award No. 3 of 1976 was passed on 21st February 1976 and possession was taken on 2nd March 1976. On 5th March 1976 the claimant filed an application for reference under S.20 of the Act regarding the amount of compensation. Reference was duly made on 19th January 1977.

(3.) Before the Land Acquisition Court, namely, the Sub Court, Kottayam, claimant filed a written statement claiming land value at Rs. 4,000 per cent and also claiming a sum of Rs. 1,500 as compensation for severance. The State did not file any written statement. On behalf of the claimant, Exts. A1 to A3 were marked and PWs. 1 to 3 were examined. On behalf of the State, Exts. B1 to B4 were marked and D.Ws. 1 to 5 were examined. Examination of DWs. 3 and 4 was completed on 7th October 1978. Thereafter an oral Submission was made on behalf of the State that the claim for enhanced compensation is barred under S.27(3) of the Act on the ground that before the Land Acquisition Officer claimant did not lay claim to any particular amount as compensation. Thereupon the claimant on 18th October 1978 filed I.A. No. 3509 of 1978 under S.27 of the Act contending that she had made an oral claim before the Land Acquisition Officer and in any event, the omission to make a written claim was for a sufficient reason. The State opposed this application. The Land Acquisition Court in a common judgment allowed I.A. 3509 of 1978 and awarded the land value at the rate of Rs. 1,500 per cent but negatived the claim for cost of construction of the compound wall in between the acquired property and the remaining property. Both sides are aggrieved by this order.