In an Article 226 writ petition, the High Court of Kerala directed the respondents to deposit the settlement award amounts quantified by Lok Adalath for land acquisition compensation within three months, accepting the second respondent's undertaking to pay.
Direction to deposit the settlement award amounts as per Lok Adalath orders within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938
OP(C).No. 2096 of 2016 (O)
AGAINST THE AWARD IN LAR 356/2007 of II ADDL.SUB COURT,TRIVANDRUM 12-12-2015
PETITIONER(S):
1. BEEMA KANNU W/O ABDUL RAHIM, 1/16-C P.P.M. JUNCTION, MARKET ROAD, KALIYIKKAVILA, THIRUVANANTHAPURAM.
2. ASSUMA BEEVI,
D/O ABUBACKER KUNJU, AYIZA BHAVAN, T.C.NO.20/1373, THYCADU VILLAGE, KARAMANA, THIRUVANANTHAPURAM.
BY ADV. SRI.LAL GEORGE
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695004.
2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695004.
3. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CORPORATE OFFICE, THIRUVANANTHAPURAM-695004.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN R3 BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPORATION
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2096 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29.7.2013 IN LAA NO.366/2011. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN LAA NO.479/2013. EXHIBIT P3 TRUE COPY IF THE EXECUTION PETITION FILED IN LAR NO.356/07. EXHIBIT P4 TRUE COPY OF THE EXEUCUTION PETITION FILED IN 159/07. EXHIBIT P5 TRUE COPY OF THE SETTLEMENT AWARD DATED 12.12.2015 IN LAR 356/07. EXHIBIT P6 TRUE COPY OF THE SETTLEMENT AWARD PASSED IN LAR 159/07. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE PETITION DATED 2.2.2016 SUBMITTED BY THE FIRST PETITIONER. EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS DATED 8.6.2016 RECEIVED BY THE PETITIONERS. EXHIBIT P9 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 2.2.2016. EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 2.2.2016. EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE LETTER DATED 27.11.2015. RESPONDENT(S)' EXHIBITS NIL -----------------------
//TRUE COPY//
P.A TO JUDGE
vdv
K.RAMAKRISHNAN, J. C.R
========================
O.P.(C) No.2096 of 2016
========================== Dated this the 30th day of September, 2016
JUDGMENT
This is an application filed by the petitioners seeking intervention of this Court to direct the respondent to deposit the amount due as per the award in LAR Nos.159 of 2007 and 256 of 2007 on the file of Second Additional Sub Court, Thiruvananthapuram under Article 227 of the Constitution of India.
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the amount, he filed petition under the Land Acquisition Act for referring the matter to court for adjudication and accordingly it was referred to the reference court where it was numbered as LAR No.356 of 2007 and the reference court has enhanced the land value at the rate of Rs.13 lakhs per are. This was challenged by the State by filing LAA No.366 of 2011 before this Court and this Court, as per Ext.P1 judgment dated29.07.2013 the award passed by the reference court was modified and and land value was re-fixed at the rate of Rs.12,36,000/- per are. As regards the second petitioner's property is concerned, since he was not satisfied with the award passed by the land acquisition officer, the matter was referred to reference court and it was numbered as LAR No.159 of 2007 and the reference court had re-fixed the market value of the property at Rs.17,00,000/- per are. This was challenged by the State by filing LAA No.479 of 2013 before this Court and this Court by Ext.P2 judgment re-fixed the market value at the rate of Rs.12,36,000/- per are. Since the respondent did not pay the amount, the petitioners filed E.P No.111 of 2011
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in LAR No.356 of 2007 and E.P No.76 of 2013 in LAR No.159 of 2007 for executing the award evidenced by Ext.P3 and P4 respectively. Thereafter the execution petitions were referred to lok adalath held on 12.12.2015 organized by the District Legal Service Authority, Thiruvananthapuram and in the adalath, the matter has been settled and in LAR No.356 of 2007 as per Ext.P5 award the amount was quantified as Rs.2.25 Crores payable within five months and if it is not paid within that time, it will carry 15% interest on the amount agreed. In respect of LAR No.159 of 2007 as per Ext.P6 award, the amount was quantified as Rs.2.80 Crores with the same conditions as mentioned in Ext.P6. Though the petitioners approached the legal service authority on 02.02.2016 by filing Ext.P7, no effective steps have been taken by the respondents to deposit the amount. The District Legal Service Authority gave Ext.P8 order stating that since there is default clause, they can execute the award in accordance with law. Though Ext.P9 representation was given, the amount was not deposited. It is seen from Ext.P11 that an
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amount of Rs.22,50,00,000/- has already been sanctioned by the Government for satisfying the award in LAR Nos.290 of 2010, 356 of 2007 and 159 of 2007 and as per the orders of the Lok Ayuktha in LAR No.290 of 2010 interest was calculated up to 31.05.2015 and deposited 50% of that amount. Balance amount is only Rs.6 Crores with them. If that amount is permitted to be adjusted for depositing the balance amount due in the other two LARs the cases can be disposed of. So they wanted to sanction for using the balance amount of Rs.6 Crores for satisfying the other two LARs as well. But in spite of that, according to the petitioners, the amount has not been paid. So they have no other remedy except to approach this Court seeking the following reliefs:
i) Issue appropriate directions, directing the respondents to deposit the decree amounts in LAR Nos.356/07, 159/07 of Sub Court, Thiruvananthapuram, in terms of Exhibit P5 and P6 settlement awards.
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ii) Issue appropriate directions directing the respondents to deposit amount allotted as per G.O(Rt) No.2465/15 RT dated 15.05.2015 to satisfy the decree amount in LAR Nos.356/07 and 159/07, without waiting for the final disposal of the appeal preferred challenging the decree passed in LAR No.290/10.
iii) To declare that the petitioners are entitled to get the decree amount in LAR Nos.356/07 and 159/07 satisfied from the amount of Rs.6,00,00,000/- which is already allotted, as
per G.O(Rt) No.1566/Fin dated 11.2.2015 and G.O(Rt) 2465/RT dated 12.05.2016.
iv) Grant such other further reliefs as this Hon'ble Court deems fit and proper in the interest of justice.
as follows:
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“ 1. This statement is filed without prejudice to the right of second respondent to file a statement at a later stage if found necessary.
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Kerala Lok Ayukta directing to deposit the entire amount to satisfy the Decree in another LAR No.290 of 2010. As the amount sanctioned is to meet the Decree in various LARs, 50% of the amount in LAR No.290 of 2010 (calculated upto 31/5/15) has been deposited in the Sub Court, Thiruvananthapuram. Aggrieved by this order, the State has filed LAA No.564 of 2013 and LAA No.453 of 2013 before the Hon'be High Court and obtained a stay as per order in LA No.1271 of 2013 dated, 03.07.2015. The balance amount of Rs.4,92,81,182/- has equally divided and deposited in the Hon'ble Sub Court, Thiruvananthapuram in LAR No.356 of 2007 & LAR No.159 of 2007.
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Account maintained by the LAO at the Sub Treasury, Kudappanakunnu and a request dated 27.11.2015 was send to the Revenue Department in Government to Review the Government Order No.2465/15/RD dated, 12.05.2015 and permitted to utilize the said amount to satisfy the Decree in LAR-356 of 2007 and 159 of 2007 before Sub Court, Thiruvananthapuram.
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occurred from the part of this respondent.
Hence it is respectfully submitted that, this Hon'be Court may be pleased to accept this statement and grant three months time to deposit the amount and close the above case.”
the State has deposited a portion of the amount in those execution petitions and the balance amount was sought to be executed by filing the execution petitions. During the pendency of the execution petitions, the matter was referred to Lok Adalath conducted by the District Legal Service Authority,
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Thiruvananthapuram and in the Adalath held on 12.12.2015 the matter has been settled between the parties agreeing to settle the claim of the claimants for Rs.2.25 Crores and 2.85 Crores respectively foregoing certain amount of interest claimed in the execution petition and five months time was granted to the State to deposit the amount and it is further mentioned in the award that in case of default, the amount will carry 15% interest. Admittedly the amount has not been paid so far.
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more interest payable as per the award passed and agreed to settle the claim for a lesser amount and granting some more time for the State to pay the amount. But in spite of that, the State Government has not honoured their promise in the adalath. The Lok Adalath are conducted under the Legal Service Authorities Act as an alternate dispute resolution mechanism to get speedy justice and State Government, who is a party to the settlement is bound to honour the award passed in the adalath. If State Government itself is not honouring that, people will lose their interest in the alternate dispute resolution mechanism itself. So there is a duty cast on the State Government, who have become the major litigant now-a-days, has to honour the award passed in the lok adalath so that people will be reposing confidence in the alternate dispute resolution mechanism and approach the legal service authorities for getting quicker reliefs. However, when the petitioners have moved this Court by filing the above writ petition, the second respondent had filed a statement undertaking to deposit the amount within three months. This
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Court hopefully believe that Government will honour that undertaking given before this Court and take necessary steps to deposit the amount due as per Ext.P5 and P6 awards passed by the Lok Adalath held on 12.12.2015 in terms of the award passed thereon. So, accepting the statement filed by the 2nd respondent this petition is disposed of as follows:
Respondents 1 and 2 are directed to deposit the amount
due as per Exts.P5 and P6 award as expeditiously as possible, at any rate, within three months from today as undertaken in the statement filed on behalf of the 2nd respondent. The Government Pleader is directed to communicate this judgment to the concerned authority of the State Government immediately so as to comply with the direction to deposit the amount.
Sd/K.RAMAKRISHNAN , JUDGE
vdv/04/10/16
1 issue framed by the court
Whether the respondents are directed to deposit the settlement award amount within three months.
Beema Kanny W/o Abdul Rahim
Assuma Beevi
State of Kerala
District Collector, Thiruvananthapuram
Managing Director, Karnataka State Road Transport Corporation
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
