SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner's property was acquired for the purpose of doubling of Mulamthuruthy-Kuruppanthara Railway line; about 0.0050 Hectors of land comprised in re- survey No. 401/13-23 was acquired and Ext.P1 award was passed granting an amount of Rs. 1,24,830/-. Since there was a dispute regarding the person who is entitled to obtain the compensation, the District Collector remitted the said amount under Section 31(2) of the Land Acquisition Act, before the Subordinate Judges Court, Ernakulam. The proceedings before the Subordinate Judges Court was successfully prosecuted by the petitioner who was the first claimant. The Court declared his eligibility to get compensation and he has also accepted the money remitted before the Court below.

(2.) SUBSEQUENT to the award and the money being received, the petitioner filed the above Original petition, contending that he had in fact, filed an application, Ext.P2 seeking enhanced compensation and the District Collector ought to have referred the matter to the jurisdictional court for considering the issue of enhancement as provided under Section 18 of the Act. On going through Ext.P2, it is very evident that the same is not an application under Section 18 of the Act. The petitioner relies upon an offer made by the purchase committee and claims enhancement to the alleged amount offered by that Committee. There is nothing on record to show that there was any mandate on the District Collector to have accepted the offer made by the purchase committee. Definitely, negotiation would have gone ahead and the price must have been arrived at on an agreed amount. What transpired then by way of negotiation or otherwise is not evident from the record.