E JACOB VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is directed against judgment dated 03.10.2017 of the learned Single Judge dismissing W.P.(C) No.31446 of 2017. The Writ Petition was filed by the first appellant herein seeking the issue of various directions to the respondents to determine compensation for the acquisition of lands owned by him under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act 30 of 2013). Since the Writ Petition had been filed by only one of the claimants to the property, we are told that the other claimants have also joined as appellants herein.

(2.) An extent of 1.62 Ares of land was acquired from the appellants, under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Land Acquisition Act for short) in the year 1984. It was contended initially that a larger extent of land had been acquired from the possession of the appellants. The land was taken possession of and was utilised for construction of the Kadappra-Veeyapuram National Highway link road as per Land Acquisition cases 48,80,81 and 83 of 1988-89. The land was acquired by the Special Tahsildar, Land Acquistion (NH), Alappuzha as per land acquisition cases Nos. 48,80,81 and 83 of 1988-89. Compensation in respect of the acquired land was paid in three cases and the Award proceedings in LA No.81/1988-89 was cancelled in the initial stage finding that the land involved was Puramboke. The appellants initiated various proceedings challenging the action claiming that the lands belonged to them. The proceedings ultimately culminated in O.S.No.140 of 2017 of the Sub Court, Thiruvalla in which, the Court held that the land was the registered holding of the appellants. However, no compensation was granted for the land since compensation could be granted only under the provisions of the Land Acquisition Act. It is not dispute that the said decree has become final.

(3.) The appellants then filed W.P.(C) No.17532 of 2013 before this Court, in which this Court directed the Special Tahsildar (LA(NH)), Kollam to refer the dispute regarding compensation in land acquisition case No.81/1988-89 relating to 1.62 Ares of land under Section 18 of the Land Acquisition Act. Accordingly, a reference was made. The Sub Court, Thiruvalla entered upon the reference. Both sides adduced evidence and the matter was considered. The reference was answered by the Sub Court as per the judgment dated 10.04.2015 evidenced in these proceedings by exhibit P7. Though a contention was put forward that since no compensation was paid under the Land Acquisition Act, the provisions of Act 30 of 2013 would apply to the case of the appellants, the said contention was found against by the Court. Taking note of the fact that enhanced compensation had been granted to similar land owners by this Court, the Reference Court found the appellants entitled to compensation for the land acquired, at the rate of 6250/- per cent. Statutory interest was also directed to be paid on the Award amount. No appeal was filed against the judgment of the Sub Court. The same has therefore become final.