ODAYAPURATH SIDDIQUE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The authority of the Collector to correct any clerical or arithmetical mistake in the award passed by him or errors arising therein under Section 13-A of the Land Acquisition Act, in short 'the Act', as well as the mode of service of notice, in the facts of the case, are under challenge by the writ petitioners, whose land had been acquired by the land acquisition authorities for public purpose.

(2.) The facts required for the disposal of the Writ Petition are that the property to an extent of 0.3658 hectares of land in R.S. No. 260/8, 9, 11, 12, 261/9, 11, 13, 261/15, 18, 262/8 of Trikkandiyur Village, Tirur Taluk, had been acquired for the construction of Tirur Byepass Road-I, Reach-Block No. 10. An award for Rs. 15,43,437/- had been passed in favour of the writ petitioners as per Award No. 10/2002 dated 12-3-2002, Ext.P1, by the second respondent, the Special Tahsildar, LA(G), Tirur. However, as per Ext.P2 dated 19-8-2002 the second respondent had corrected the award, altering and reducing the awarded amount from Rs. 15,43,437/- to Rs. 9,04,577/-. It is submitted that notice had not been served to the writ petitioners before making this correction. Therefore, the counsel submits that the correction of the award is not within the scope of the second respondent; that the application of Section 13-A is not correct and also that notice had not been properly served before correcting the award.

(3.) I heard the learned Counsel for the writ petitioners, Mr. K.P. Mujeeb and the learned Government Pleader Aloysious Thomas. As an important question of law is involved, I have appointed Adv. Sri. N.N. Sugunapalan as amicus curiae. I have heard him.