JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) A parcel of land, 12.30 Ares in extent, belonging to the appellants and situate in Sy.No.387/11-5 of Sooranad South Village, Kunnathur Taluk, Kollam District, was acquired for the purpose of the Kallada Irrigation Project, pursuant to a notification dated 22.1.1980 issued under section 3(1) of the Kerala Land Acquisition Act, 1961. After advance possession of the land was taken on 21.11.1980, the Land Acquisition Officer passed an award on 1.12.1980 awarding land value at the rate of Rs.645/- per Are. Dissatisfied with the land value awarded by the Land Acquisition Officer, the land owners received the compensation awarded by him under protest and sought a reference of the dispute regarding land value to the competent civil court in terms of the provisions contained in section 20 of the Kerala Land Acquisition Act, 1961. This was as per an application dated 19.12.1980. No action was however taken on the said request.

(2.) As it was stated that the file relating to the application dated 19.12.1980 is missing, the first appellant filed an application dated 20.10.2009 before the District Collector, Kollam. Thereupon, the file was traced out and a reference was made to the Court of the Principal Subordinate Judge of Kollam where it was taken on file and numbered as L.A.R.No.8 of 2010. Before the reference court, the land owners claimed land value at the rate of Rs.8,000/- per cent. They also claimed statutory benefits under sections 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 (Central Act 68 of 1984). They contended that having regard to the stipulations contained in sub-section (2) of section 30 of the Land Acquisition (Amendment) Act, 1984, they are entitled to the statutory benefits flowing from sections 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894, as amended.

(3.) The State of Kerala, the sole respondent before the reference court filed a written statement contending that reference is bad for non-joinder of the requisitioning authority. The State of Kerala also contended that just and fair compensation has been awarded by the Land Acquisition Officer. Before the reference court, the first appellant herein was examined as AW1. The appellants also produced and marked Ext.A1 judgment in L.A.R.No.70 of 1987 on the file of the Court of the Principal Subordinate Judge of Kollam. On application filed by the land owners, the files relating to the application for reference and the mahazar prepared by the Land Acquisition Officer were produced and marked as Exts.X1 and X1(a) respectively. After considering the rival contentions, the reference court held that as the liability to pay compensation is on the State of Kerala and as the requisition was made by the Executive Engineer, Kallada Irrigation Project (an officer in the service of the State Government), there is no need to implead the requisitioning authority. The contention of the State of Kerala that the reference is bad for non-joinder of necessary parties was overruled. The reference court thereafter refixed the land value at Rs.2,964/- per Are and, after giving credit to the land value awarded by the Land Acquisition Officer namely Rs.645/- per Are, held that the land owners are entitled to enhanced land value at the rate of Rs.2,319/- per Are. The reference court however held that the land owners are not entitled to the statutory benefits flowing from sections 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894. The land owners have, aggrieved by the land value awarded by the reference court as also the denial of benefits flowing from sections 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894, filed this appeal.