STATE OF KERALA Vs. C R VIRAN

JUDGEMENT

(1.) This is an appeal by the State under S.60 of the Kerala Land Acquisition Act, 1961. The award under S.11 was passed on 26-2-1973 and notice thereof was given to the claimant on 28-2-1973. On 2-3-1973 the claimant addressed the following communication to the Special Tahsildar: -

(2.) There are two lines of decisions, one taking a very liberal or generous view of the matter, and the other, a more restricted one; but before considering their scope, it is necessary to advert to the relevant statutory provisions.

(3.) S.2(5) of the Act defines 'court' as the Land Acquisition Court or any civil court invested with the jurisdiction of a Land Acquisition Court under S.58. S.11 deals with the award to be passed by the Collector: it should specify the true area of the land, the compensation allowed and provide for apportionment of the same among persons interested. S.20 reads as follows:-