K A CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant in a reference under Section 30 of the L.A.Act is the appellant. He is aggrieved by the impugned award whereby the learned Subordinate Judge held that the appellant, the sole claimant before the Reference Court, is not entitled for the compensation of Rs.1,56,115/- under deposit. The Land Acquisition Officer became impelled to deposit the amount in the court and make reference under Section 31(2) obviously because of the reason that the appellant did not produce the original title documents before the Land Acquisition Officer. It is seen that the appellant had deposited the title documents with Canara Bank in connection with an equitable mortgage which had been created in favour of that bank in respect of the property under acquisition.

(2.) MR.P.K.Ramkumar learned counsel for the appellant submits that the liability due to the bank has been completely liquidated and he relies on Annexure A3 produced in this appeal in that context. The learned counsel requested that the impugned award be set aside, Annexure A3 be relied on and the Reference Court be directed to release the amount under deposit to the appellant.

(3.) ACCORDINGLY, we set aside the impugned award and remit L.A.R. No. 34/2008 to the Subordinate Judge's court, Sulthanbathery. The learned Sub Judge is directed to implead Canara Bank, Padinharathara branch or any other branch with whom the title documents were deposited by the petitioner in connection with the equitable mortgage, as an additional party in the LCR. Notice will be issued to the Bank and the revised award will be passed by the learned Subordinate Judge on the basis of the enquiry to be conducted. If it is revealed that the mortgage liability to the bank is completely discharged, nothing will stand in the way of the learned Sub Judge releasing compensation under deposit to the appellant. The learned Subordinate Judge will expedite matters and pass revised award within three months of receiving a copy of this judgment.