P.B.PRASANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 8/12/2010 of the Additional Sub Court, North Paravur in LAR No.230/2008, a reference under Sec. 28A(3) of the Land Acquisition Act, 1894, closing the above reference with the observation that the claimant is not entitled to any reliefs, is under challenge in this appeal.

(2.) The appellant is the A-Claimant in the above Land Acquisition Reference. The B-Claimant is the Bank where the acquired property was offered as security by A-Claimant in connection with a loan transaction. A total extent of 27.67 Ares of land (23.31 Ares in Survey No.100/10-7-2 and 4.36 Ares from Survey No.100/10-4/2 of Eloor Village), belonging to the appellant, was said to have been acquired for the disposal of gypsum from FACT Udyogamandal. According to the appellant, the actual extent of land acquired from his possession was 32.39 Ares, but the Acquisition Officer mistakenly mentioned the extent as 27.67 Ares. Earlier, a sum of Rs.98,971.00 was awarded as compensation for the above said 27.67 Ares of land. The Reference application submitted by the appellant against the above award of 17/11/1992 was rejected as time barred. Thereupon the appellant preferred an application under Sec. 28A of the Land Acquisition Act for redetermination of compensation on the basis of the judgment in LAR No.755/1993 of Sub Court, North Paravur. The above application was rejected by the Acquisition Authority for the reason that the award in LAR No.755/1993 was challenged in appeal. Thereupon the appellant filed O.P.No.12646/1998 before this Court which was disposed of with a direction to keep the petitioner's application under Sec. 28A of the LA Act pending till the appeal was disposed of by this Court. Pursuant to the disposal of the appeal by this Court, the compensation for the 27.67 Ares acquired in this case was redetermined and an award was passed on 10/12/1999 granting an additional amount of Rs.1,17,624.00. Claiming that the actual extent of land acquired from the appellant was 32.39 Ares, he again filed a petition under Sec. 28A(3) of the LA Act for enhanced compensation in respect of the balance extent of land. The above application was rejected by the Land Acquisition Officer on 8/2/2000. Aggrieved by the above order, the appellant preferred O.P No.9089/2000 before this Court which was disposed of on 5/7/2004 directing the State of Kerala to make a reference to the Court under Sec. 28A(3) of the LA Act regarding the correctness of the award passed by the Land Acquisition Officer in the applications filed by the appellant under Sec. 28A of the LA Act. Accordingly, the matter was again referred to the Additional Sub Court, North Paravur, and it was numbered as LAR No.230/2008.

(3.) Before the Reference Court, the appellant was examined as AW1 and six documents were marked as Exts.A1 to A6. Four documents were marked from the part of the respondents as Exts.R1 to R4. A commission report along with report of the Village Officer, Eloor were marked as Exts.C1 and C1(a).