RAMAPRIYA HOTELS P LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in this case was the owner of an extent of 2.41.79 hectares of land comprised in Sy. No. 1759/1 and 1127/2 of Madathuvilakam Village, Trivandrum Taluk. The 4th respondent, the Kerala State Housing Board, was interested in acquiring the said land for its purposes. It appears that the District Collector, Trivandrum, negotiated with the petitioner which resulted in execution of an agreement, Ext. P1, dated 13-5-1977 between the petitioner on the one hand and the District Collector, Trivandrum on the other. The petitioner under the said Agreement has declared that he is the absolute owner of the property and that he is executing the agreement as the . person having full ownership over the land and that he has no interest hostile to any one else. It is stated in the agreement that the property is proposed to be acquired for a public purpose by the Government of Kerala for the purpose of housing accommodation scheme of the Kerala State Housing Board. The petitioner has agreed to receive at the rate of Rs. 1100/- per cent including all improvements situated in the land as the fair and proper price for the property. The agreement further states that under S.16 of the Kerala Land Acquisition Act, 1961, hereinafter referred to as the Act, the Collector is empowered to make an award if all persons interested agreed as to the amount of compensation to be allowed. There is a further stipulation that the petitioner will accept without protest on their behalf value/compensation at Rs. 1100/- per cent inclusive of solatium and the value for all structures and improvements on the property to be acquired. There is also a stipulation that the Collector shall make an award fixing the compensation for the property at the rate of Rs. 1100/- per cent including solatium and value for all structures and improvements in and upon the said land. This was followed by a preliminary notification under S.3 of the Kerala Land Acquisition Act issued on 12-6-1979. A declaration under S.6 of the Act was made, whereupon the Collector took steps to pass the award. He has passed the award on 24-8-1981 as per Ext. P6. The land value has been fixed at the rate of Rs. 1100/- percent in accordance with the agreement, Ext. P1. Interest at the rate of 4% has been awarded from 1-2-1978 to 25-8-1981. The total amount awarded under the said award is Rs. 7,60,259.50.

(2.) The petitioner made a request as per Ext. P7 dated 19-9-1981 under S.20 of the Act seeking a reference to the Civil Court for enhancement of the compensation. The Collector not having acceded to that request the petitioner has approached this Court. The petitioner has prayed for striking down the amendment to S.16 of the Act made by the Kerala Land Acquisition (Amendment) Act, 1980 with retrospective effect from 1-5-1977. He has further prayed for the quashing of the award; Ext. P6, and for the issue of writ in the nature of mandamus directing the District Collector, the 2nd respondent, to refer the application of the petitioner, Ext. P7, made under S.20 of the Act to the Civil Court for the purpose of enhancement of the compensation.

(3.) After a final declaration is made under S.6 of the Act, the Collector is required to take steps for determining the compensation payable in respect of the land acquired. S.9 requires notice being issued to persons interested. S.11(1) contemplates enquiry and passing of the award by the Collector in regard to the true area of the land acquired, the compensation which in his opinion shall be allowed for the land and the apportionment of the said compensation among all the persons known or said to be interested in the land. Though this is the normal procedure to be followed in the matter of determination of the compensation in respect of the land acquired, an alternative method of awarding compensation in accordance with the agreement of parties has been provided under S.16 of the Act.