RDO FORT KOCHI Vs. KURIAN

JUDGEMENT

(1.) Both these appeals and contempt case arise out of the judgment in O.P.19470 of 2000. Original Petition was preferred by the first respondent in W.A.2706 of 2000 for a writ of mandamus directing the State and others to release an amount of Rs. 5,51,785/- together with bank interest from 29.6.1999 and also for a writ of certiorari to quash Exts.P11 and P12 letters. Learned Single Judge allowed the Writ Petition and directed the State Government to release the amount claimed by the writ petitioner.

(2.) State Government initiated proceedings under the Kerala Land Acquisition Act for acquiring 103 acres of land for the purpose of Cochin Export Processing Zone, which is an instrumentality of the Government of India, Ministry of Commerce. Proceedings were initiated against various land owners including the Writ Petitioner. Award No. 3786 dt. 25.2.1986 was passed by the land acquisition officer in favour of the claimants in the instant case for acquisition of 87.33 acres of land at the rate of Rs. 11,000/- per are. Dissatisfied by the amount awarded by the Land Acquisition Officer first claimant filed an application under Section 18 of the Land Acquisition Act seeking reference to the Sub Court, Ernakulam. Reference was numbered as LAR.No. 440 of 1988. Sub Court, Ernakulam enhanced the land value at the rate of Rs. 21,004/- per are. State of Kerala aggrieved by the judgment filed LAA. No. 833 of 1994 before this Court. State also filed various other connected appeals before this Court.

(3.) Government of India, requisitioning authority, during the pendency of the appeals, released money to the State Government in order to meet generally the demands for compensation and other expenses. Money released by the Government of India was in the custody of the land acquisition department without accruing any interest. Claimants however, would get interest as per the provisions of the Land Acquisition Act. To meet a portion of the interest that is" likely to accrue during the pendency of the appeal and also for other purposes it was felt that rather than keeping the money in the locker in the Treasury the amount released by the Government of India be put in a nationalised bank so as to bear maximum interest. State as such cannot deposit the money in a nationalised bank without getting special direction from the Government of India or direction from the Court. State Government in consultation with the Advocate General thought that it would be appropriate that a direction be obtained from the High Court to put the money in a nationalised bank so that, interests of the State could be safeguarded. State of Kerala then filed CMP.2425/95 in LAA. 833 of 1994 before this Court seeking permission of the Court to deposit the amount in a nationalised bank. A Division Bench of this Court of which one of us, K.S. Radhakrishnan, J. was a party, passed the following order on 23.6.1995;