KURIAN Vs. DY COLLECTOR

JUDGEMENT

(1.) Land belonging to the petitioners were notified for acquisition for purposes of the Government Polytechnic at Palai. Notification under S.4(1) of the Land Acquisition Act, I of 1894 (for brevity, the Act), was published in the Kerala Gazette dated 7-1-1986. The declaration under S.6 dated 26-4-1986 was published in due course in the Kerala Gazette and two Malayalam dailies. The basis of valuation of the land was approved by the District Collector on 21-1-1987 after accessory discussions and plot verification. The detailed valuation statement was approved on 6-2-1987.

(2.) There seems to have been urgent necessity for the land as evident from a letter dated 24-11-1986 sent by the Principal of the Polytechnic to the second petitioner, a copy of which is Ext. P4. By that letter the Principal requested the second petitioner to hand over the land and the building under acquisition well in advance. Based on the report of the Director of Technical Education Government accorded sanction for taking advance possession of the land by their proceedings Ext. P2 dated 27-1-1987. Advance possession of land having an extent of 3.0343 hectares, including the lands belonging to the petitioners, was accordingly taken on 10-2-1987, The mahazar prepared in that regard is Ext. P2A.

(3.) The award enquiry was conducted on 21-2-1987, but the award was never passed. Sub-s.(3) and (3A) of S.17 of the Act oblige the Collector to offer to the landowners compensation for the standing crops and trees on the land, as also 80% of the compensation for the land, before taking advance possession. These amounts were not paid to any of the petitioners. The petitioners made representations for payment of these amounts, as also for making the awards, which did not find any response from the respondents. The Original Petition was therefore filed to direct the respondents to pay the petitioners the amount due to them under sub-s.(3) and (3A) of S.17 of the Act.