STATE OF KERALA Vs. KRISHNARU

JUDGEMENT

(1.) These are appeals by the State and the only question arising for decision in these appeals is whether in view of S.24(2) of the Land Acquisition Act, 1089, which was in force in the Travancore area at the relevant time the court to which reference was made under the Act was precluded from granting any amount by way of compensation in excess of what was granted by the Land Acquisition Officer.

(2.) The Court below has answered this question in favour of the persons whose lands were acquired.

(3.) The learned Advocate General appearing on behalf of the State has contended before us that this view taken by the court below is erroneous. He has rested his arguments on two grounds. Firstly it is contended that in cases where there has been personal service of notice as required by S.9(3) of the Act, the party cannot insist that there should be 15 days time between the date of hearing and the date of service of notice. Secondly it is urged that in any view of the matter parties having admittedly made a claim in the sense of having filed a statement though without mentioning the amount claimed by way of compensation, S.24(3) will not enable the court to come to the conclusion that there was sufficient cause for not making the claim.