SIVAPRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point to be decided in this case is that, if land is acquired for a specific purpose under the Land Acquisition Act, and if there is unnecessary delay in using the land for the purpose for which it is acquired, whether the acquisition proceedings can be quashed for that reason.

(2.) The petitioner was the owner in possession of 0.1241 hectares of land in survey No.291/8-9 of Perinjanam Village in Kodungalloor Taluk. The above property was acquired for the construction of a Post Office and Staff Quarters building for the postal department at the instance of the Superintendent of Post Offices, Irinjalakuda Division, Thrissur District. The land acquisition proceedings were initiated on 5/8/1983. The Land Acquisition Officer has awarded Rs.1,24,418.25 towards the land value, Rs.5,435.20 towards the value of improvements and structures, Rs.38,956.04 towards solatium, and Rs.57,184.00 towards 12% annual enhancement as per award dated 03. 04.1987. The total amount of compensation was Rs.2,25,423.30. Accordingly, the initial payment was given to the petitioner on 28/3/1987. Thereafter, the property was taken into possession on 4/5/1987.

(3.) Dissatisfied by the compensation awarded by the Land Acquisition Officer, the land owner applied for reference under Sec. 18 of the Land Acquisition Act. Accordingly, the case was referred to the Sub Court, Irinjalakuda. The Sub Court, Irinjalakuda, as per Judgment dtd. 31/7/1991 enhanced the compensation to Rs.12,500.00 per Are. Based on the enhancement of compensation by the reference court, an amount of Rs.81,773.00 was credited at Sub Court, Irinjalakuda. Subsequently, the further amounts were also credited in the Sub Court, Irinjalakuda on 10/9/1997 and 29/2/2000. Ext.P1 is the judgment in L.A.R. No.42/1988. Aggrieved by the same an appeal was filed before this Court and this Court disposed of the same as per Ext.P2 judgment. This Court enhanced the land value to Rs.20,000.00 per Are. Based on the enhancement, payment was credited at the Sub Court, Irinjalakuda by the authority concerned on 18/10/2001. Accordingly, an amount of Rs.5,91,724.30 was paid to the petitioner and the execution petition was also closed.