MADHAVAN Vs. DY COLLECTOR

JUDGEMENT

(1.) An unique question as to whether an award passed by the Collector under the Land Acquisition Act will become invalidate on account of the delay in taking possession of the land, arises for consideration.

(2.) The bare facts necessary for the disposal of the Original Petition are as follows: " The petitioner is the owner of 9.56 Acres of land comprised in survey No. 435/3 of Kumbalam Village. That land, along with the properties adjoining the same, was notified under S.3(1) of the Kerala Land Acquisition Act, hereinafter referred to as 'the Kerala Act', as likely to be needed for the proposed Fisheries College at Kumbalam. That notification was published in the Gazette dated 25-9-1979. After complying with the formalities, declaration under S.6 of the Kerala Act was published in the Gazette dated 26-10-1980. Enquiry contemplated by S.9 of the Kerala Act was conducted on 10-12-1980. The petitioner filed a claim statement. He demanded Rs. 5,000/- per cent. On 28-2-1981 Award No.9/1981 was passed by the Collector fixing Rs. 20,988.65/-as the compensation. Notice under S.12(2) of the Kerala Act was served on the petitioner on 24-4-1981. That notice stated that the compensation amount has been deposited in the Subordinate Judge's Court, Ernakulam, under S.32 of the Kerala Act. Nothing further was heard in the matter. The petitioner was not dispossessed. Nor did he receive any notice from the Civil Court to which the matter was stated to have been referred under S.32 of the Kerala Act. Ext. P1 dated 23-9-1987 was served on the petitioner calling upon him to vacate and deliver the possession of the land covered by the Award on or before 26-10-1987. The petitioner sent Ext. P2 representation stating that since the amount was not paid to him or deposited before court, the acquisition proceedings should be deemed to have lapsed. As he was not favoured with any reply to Ext. P2 he has approached this court by filing this Original Petition on 6-7-1988.

(3.) A detailed counter affidavit has been filed by the first respondent. It is averred therein that the petitioner did not produce necessary documents of title to prove his right to the property covered by the acquisition proceedings and so the compensation amount was ordered to be deposited in Civil Court under S.32 of the Kerala Land Acquisition Act. Notice to that effect was served on the petitioner on 24-4-1981. In response to the award notice the petitioner submitted a petition for referring the case for enhancement of compensation under S.20 of the Kerala Act. It is further averred that certain persons interested in the land covered by the notification started agitation against the taking-over possession of the properties, that a number of conciliation meetings were held, that the Government after consideration of their grievances accorded sanction to allow 4 cents of alternate land to each of the families sought to be evicted from the acquired area, that those persons challenged the acquisition proceedings before this court in O.P. 364/1984, that by judgment dated 7-10-1985 this court directed the Collector to dispose of the claims of the petitioners therein, that the District Collector by order dated 7-1-1986 ordered to allot alternate land to those persons and that the delay in taking possession was occasioned on account of the above agitation and proceedings before this court. It is also stated that there was no undue delay in taking possession of the property and that the award is not open to challenge.