THANKAMMA MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The common question that arises for determination in these cases is - Whether a claimant is entitled to claim re-determination of the amount of compensation paid for land acquired from his possession, under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short), on the basis of an award passed by a Lok Adalat?

(2.) The facts that are required to be noted for the purpose are the following :

(3.) On 10.12.2011, at a Lok Adalat organised by the Taluk Legal Services Committee, Sulthan Bathery, L.A.R.No.1 of 2008 of the Sub Court, Sulthan Bathery was settled by the District Collector, Wayanad agreeing to pay an amount of 11,394/- (Rupees Eleven thousand three hundred and ninety four only) on or before 26.12.2011, failing which, the amount shall carry interest at the rate of 15% per annum, till the date of realisation. According to the petitioners, compensation was paid to the claimant in the said case, one Sri.K.V.Joseph, on the above basis. Ext.P2 in W.P.(C).No.28422 of 2012 is a copy of the said award. Copies thereof have been produced in the other writ petitions also. Shortly thereafter, the petitioners submitted applications under Section 28A of the Act requesting for re-determination of the compensation paid to them on the basis of Ext.P2 award referred to above. Ext.P3 in W.P.(C). No.28422 of 2012 is the application dated 09.01.2012, which has been acknowledged receipt of as per Ext.P4 by the second respondent on the same day itself. As per identical orders issued, one of which is Ext.P5 in the writ petition referred to above, the second respondent has rejected the requests. In the other writ petitions, the orders are evidenced by Ext.P3 therein. The said orders are all under challenge in these writ petitions. As per the impugned orders, the second respondent has taken a stand that, Section 28A is applicable only to cases where enhancement in compensation has been granted on the basis of a judgment of court. Since an award passed by a Lok Adalat is on the basis of agreement between parties, no claim for enhancement of compensation or re- determination thereof was maintainable under Section 28A of the Act. It is further stated that, a decision had been taken on 03.04.2012 at a meeting held in the Collectorate that, such awards need not be considered for the purpose of granting additional compensation. The additional Government Pleader has also advised against granting enhancement in compensation. The petitioners have filed these writ petitions challenging the said orders of rejection of their applications by the second respondent.