THOMAS JOHN KITHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are claimants in land acquisition proceedings. According to them, compensation amount was enhanced. The requisition was on behalf of the second respondent-Corporation of Kochi. It is also submitted that there is no appeal pending. However, the execution petitions filed by the petitioners are stated to be pending. The petitioners further submitted that since the second respondent failed to provide necessary funds, the Land Acquisition Officer did not deposit the enhanced compensation amount.

(2.) This Court in several judgements had taken the view that such compensation amount shall be deposited within three months. It may be true that the petitioners had filed execution petitions and thus, had already invoked one of the remedies before the civil court. But it is to be noted that public authority cannot act in an arbitrary manner to deny justice to ordinary citizens and to prevent them from enjoying the fruits of a decree of the civil court by citing lame excuses. That cannot be the moto of a welfare State. It is the responsibility of the Government or the public authority to disburse such amount to the citizen whose property has been acquired. Further, access to justice means serving justice in real terms to the citizens for enjoyment of a decree obtained through a civil court. If public official act with lethargy to delay the process of execution, the court can invoke public law remedy by directing authority to provide necessary funds. Accordingly, the second respondent is directed to provide necessary funds within three months, to enable the Land Acquisition Officer to deposit the same before the civil court.