VARKEY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS is a petition to quash Exts. P1, P3, and P4 as well as the award dated 30 81963 (which is not produced with the petition ). The petitioner is the only son and legal representative of Ouseph who died on 7 31953. Proceedings were initiated for the acquisition of property which belonged to Ouseph. Notice under S. 3 of the Land Acquisition Act had apparently been issued but there is no reference to that notice in the petition. It is not known when that notice was issued or to whom it was issued and by whom it was accepted. No question has been raised in the petition as regards the validity of that notice. The question raised is as to the subsequent proceedings. A notice issued under S. 9 of the Land Acquisition Act and addressed to the deceased Ouseph was acknowledged by the petitioner's wife on 16 91962. Immediately thereafter i. e. , on 19 91962, the petitioner filed a claim before the District Collector in terms of S. 9. The claim petition was read out to me by the Government Pleader. It is stated by the petitioner in that petition that being the only son and legal representative of the deceased, he was entitled to the value of the land and the building thereon. He also stated what value was payable for that property. The award was made by the Collector on 30-8-1963. Notice of the award in terms of S. 12 (2) was issued on 19-11-1963. THIS was accepted by the petitioner on 28-11-1963. On 31-10-1968 possession of the property was handed over by the petitioner to the authorities. On 13-3-1969 a joint petition was filed by the petitioner and his mother. In that petition-it has been read out to me by the Government Pleader it is specifically stated that apart from the petitioner and his mother no one else had any claim in the property. The petitioner and his mother claimed enhanced compensation and requested for a reference of the matter to the court in terms of S. 20. They also requested for payment of the amount awarded subject to their objections. The amount was at their request paid to the Advocate and was received by him on their behalf under protest. The request for reference was rejected by the district Collector by Ext. P1 dated 29121973 and Ext. P3 dated 4 51976. The special Tahsildar also wrote to the petitioner by Ext. P4 that their request for reference could not be accepted. The reason given by the respondents for refusing to make a reference under S. 20 was that the application dated 13-3-1969 was hopelessly time-barred

(2.) COUNSEL for the petitioner Sri. Bhaskaran Nambiar submits that although the petition on the face of it is time barred and the request for reference is not maintainable, the award itself is a nullity as it was made against a dead person and it is therefore incapable of enforcement. He says that Exts. P1, P3 and P4 are of no effect because they relate to the operation of an award which is a nullity. I do not agree for a moment.

(3.) AN award is not, as contended by the petitioner's counsel, made against any particular person. AN award is made in respect of the property acquired. Notice is issued to all persons interested in the property. The respective claims of such persons are determined by the Collector before making the award. The objections of the persons interested are finally referred to a court for judicial determination. The award itself is not a judicial determination. It is an administrative order in the nature of an offer to persons interested. It is up to them to accept the offer or raise objections. Objections can be raised to the acquisition itself at the earliest stage as contemplated under S. 5 read with R. 3. Subsequently objections can be raised as to the measurement of the property, the value awarded. respective claims of persons etc. The award is not made against any persons, but persons alive can claim enhanced compensation, and so can persons representing the estate of deceased.