Petitioner challenged delay in depositing compensation under Land Acquisition Act. Court directed deposit of principal and interest in Sub Court Thiruvananthapuram.
Direction to deposit entire amount with interest in Sub Court, Thiruvananthapuram.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930
WP(C).No. 4099 of 2008(K)
PETITIONER:
M.M.LIYAQUATH ALI T.C.38/688 CHINTHITTA, CHALLAI
THIRUVANANTHAPURAM.
BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH
RESPONDENTS:
R3 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R1 &R2 BY SR. G.P. SHRI BASANT BALAJI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE SETTLEMENT DEED DATED 16.9.1980
EXT.P2 TRUE COPY OF THE RELEASE DEED DATED 22.12.1986
EXT.P3 TRUE COPY OF THE MEMO ISSUED BY THE SECOND RESPONDENTUNDER THE LAND ACQUISITION ACT TAKING POSSESSION OF THE LAND BELONGS TO THE PETITIONER DATED 18.10.2007
EXT.P4 TRUE COPY OF THE AWARD NOTICE DATED 18.10.2007 UNDER SECTION 12(2) OF THE LAND ACQUISITION ACT.
//TRUE COPY//
K. PADMANABHAN NAIR ,J.
W.P.(C) No.4099 of 2008 K
------------------------------------------------Dated, this the 7th day of April, 2008 JUDGMENT
The main prayer in this Writ Petition is to issue a direction to respondents 1 and 2 to deposit the entire amount with interest in the Sub Court, Thiruvananthapuram in L.A.C.No.84/2007. Ext.P4 is a notice issued under Form 10(B) under Section 12(2) of the Land Acquisition Act intimating the petitioner as well as respondents 3 and 4 that an amount of Rs.21,19,032/- will be deposited in the Sub Court, Thiruvananthapuram under Section 31(2) of the Land Acquisition Act. Though notice was dated 18.10.2007 the amount was deposited only on 6.2.2008. According to the petitioner the Land Acquisition Officer is bound to deposit interest till 6.2.2008. If the petitioner is entitled to get any interest or any other statutory benefit from 18.10.2007 to 6.2.2008 that amount shall also be deposited by respondents 1 and 2 before the Sub Court, Thiruvananthapuram at the earliest.
Writ Petition is disposed of as above.
K. PADMANABHAN NAIR, JUDGE.
cks
1 issue framed by the court
Whether the Land Acquisition Officer is bound to deposit interest between the date of notice and the date of actual deposit of compensation.
2 provisions across 1 enactments
M.M.LIYAQUATH ALI
DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM
SPECIAL THASILDAR (LAND ACQUISITION)
GENERAL MANAGER, THIRUVANANTHAPURAM DIST CO-OPERATIVE BANK
M.M.SHAHUL HAMEED
K. PADMANABHAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
