LAILA Vs. SPECIAL TAHSILDAR (L.A)

JUDGEMENT

(1.) This is an unusual case where this Court is called upon to decide the validity of an agreement executed by the petitioners under Section 11(2) of the Land Acquisition Act, 1894 (for short, the "LAA 1894") on principles of private law applicable to a contract.

(2.) The central issue that also arises in this case is, what is the extent of the judicial power in public law to interfere with an agreement entered into between public officials and private persons.

(3.) The petitioners are wife and children of one Abdullakutty. They belong to a marginalised group in social strata as revealed before this Court from the report of the District Legal Services Authority, Thrissur. The said report was furnished pursuant to the direction of this Court. The petitioners were owners of 0.119 hectares of land in the heart of Thrissur town, precisely located at Ayyanthole. This land was notified for acquisition for the development of West Fort Chungam Model road at Thrissur. Invoking urgency clause, a notification under Section 4(1) of the LAA 1894 was issued on 11.12.2012. Section 11(ii) of the Land Acquisition Act, 1961 (Kerala) permits the Collector to pass an award based on the agreement with the persons, who are interested in the land. Accordingly, fixing the land value at Rs. 7,50,000/- per cent, the petitioners agreed to surrender the land. There is a prescribed format to pass an award based on the agreement. Form No. 10(a) of the Land Acquisition (Kerala) Rules, 1990 (for short, the "Rules 1990") prescribes the mode of agreement. Rule 12(5) of the Rules 1990 prescribes that it shall be in Form No. 10(a). It is specifically stipulated in Rule 12(5) that the agreement shall be executed between the owner or owners of the land on one part and the District Collector for and on behalf of the Government of Kerala on the other part. This agreement is not compulsorily registrable in the light of Section 11(4) of LAA 1984. In this case, admittedly, the District Collector had not executed any agreement. This agreement can be made as an award in the light of Section 11(2) of the LAA 1894.