K.R. JAYAPRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) WP(C) No.19575 of 2013 is filed challenging Ext.P5 award passed by the Lok Adalat in L.A.R. Execution No.293 of 2012 in L.A.R.No.90 of 2008 and for a consequential direction to the Lok Adalat to pass a fresh award, with the consent of the petitioner.

(2.) The petitioner's property having an extent of 4.20 Ares of land comprised in Sy No.3/1 in Block No.240 of Changanacherry Village was acquired for construction of Changanacherry - Kottayam By-pass as per Sec. 4(1) Notification dtd. 20/1/2005. An award was passed by the Land Acquisition Officer on 30/8/2007 fixing the land value at Rs.23,222.00 per Are. Dissatisfied with the award, the petitioner filed his objection and the same was referred to the Sub Court for adjudication. The reference court as per Ext.P1 passed an award fixing the land value at the rate of Rs.1,71,255.00 per Are and Ext.P2 decree was passed in terms of the award.

(3.) The petitioner has entrusted the matter with his counsel and the counsel filed an execution petition seeking execution of the decree. While preparing Ext.P3 execution petition, which is numbered as EP No.293 of 2012 in L.A.R.No.90 of 2008, the learned counsel has committed some grave mistake in calculating the amount due to the petitioner. The respondents also did not file any statement with regard to the amount due to the petitioner in the execution petition. In Ext.P3 execution petition, the petitioner had claimed only Rs.13,22,473.44, whereas the petitioner was in fact entitled to get Rs.16,54,899.50. To substantiate the same, the petitioner has produced Ext.P4 calculation statement. Petitioner submits that the same happened due to some mistake on the part of the counsel in calculating the amount due to the petitioner.