KAMALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) UNDER challenge is the order dated 8.4.2005 in E.P.491 of 1991 in L.A. 62 of 1986 whereby the court below has held that an excess amount of Rs.66,075.86 has been deposited by State and accordingly full satisfaction of the decree was recorded and the execution petition was closed.

(2.) THE essential facts necessary for the disposal of this writ petition are as follows: An extent of 0.2240 hectares of land in Sy. No.167/6-7 of Nattika Village in Chavakkad Taluk was acquired as per notification dated 10.12.1983. Possession was taken on 12.8.2003. An award was passed on 12.8.1983 granting compensation at the rate of Rs.1,430/- per cent. An amount of Rs.90,703.53 with 15% solatium was awarded. The petitioner/claimant sought for enhancement and reference was sought for by the claimant. The Reference Court by order dated 27.10.1988 enhanced the compensation to Rs.4,500/- per cent and granted attendant benefits available under the Statute. A sum of Rs.6,393/- was awarded towards the value of building items. Execution of the award was taken out by the claimant. Taking note of the deposits made by the respondent State, full satisfaction was recorded and the execution petition was dismissed on 7.7.2001. The decree holder carried the matter before this Court in C.R.P.2687 of 2011. This court allowed the revision petition and the matter was remitted to the execution court in view of the decision reported in Sundar v. Union of India (2001(2) KLT 449). In terms of the order of this court, both the Government as well as the claimant filed statements.

(3.) GOING by the order of the court below, it is seen that the amounts were deposited in instalments and not in lumpsum and therefore the principle laid down in the above decision is squarely applicable to the facts of the case and held that the claimant is entitled to appropriation as envisaged and laid down by the Apex Court in the above decision. While making the appropriation, the claimant is entitled to apply the amount deposited first towards the satisfaction of his claim towards interest on the enhanced amount, the costs, if any, awarded and the balance towards the land value, solatium and the payment under Section 23 (1-A) of the Act and if there is a shortfall, claim that part of the compensation with interest thereon as provided in Section 28 of the Act and as covered by the award decree.