Allowed

Karumarakadan Ramankutty & Others v. the Special Tahsildar,La (General) & Ors.

Kerala HC21 Nov 2016WP(C)/22413/2009

Case brief

AI extract

What is this about?

Petitioners challenged the non-payment of interest on land acquisition compensation up to the date of the award. The Court held the award of 3.4.2009 entitled them to 15% interest under Section 28 and Section 28A up to that date.

What did the court decide?

Direction to respondents to recalculate payment under Section 28 and make payment including interest up to 3.4.2009 within three months.

Karumarakadan Ramankutty & Others Vs the Special… — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938

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WP(C).No. 22413 of 2009 (V)

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PETITIONER(S) :

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1. KARUMARAKADAN RAMANKUTTY, S/O. ANDI, AGED 65 YEARS, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT (DIED)

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2. KARUMARAKADAN PARANGODAN @ KUNHUNNI, S/O.ANDI, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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3. KARUMARAKADAN VELAUDHAN, S/O. ANDI, ARCODE AMSOM, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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ADDITIONAL PETITIONERS P4 TO P7 IMPLEADED

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4. KRISHNAN,

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AGED 54 YEARS, S/O.LATE RAMANKUTTY, R/AT KARUMARAKADAN HOUSE, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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5. SIVADASAN, AGED 48 YEARS, S/O.LATE RAMANKUTTY, R/AT KARUMARAKADAN HOUSE, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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6. SOBHANA, AGED 51 YEARS, S/O.LATE RAMANKUTTY, R/AT KARUMARAKADAN HOUSE, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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7. SHYLAJA, AGED 47 YEARS, S/O.LATE RAMANKUTTY, R/AT KARUMARAKADAN HOUSE, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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ADDITIONAL PETITIONERS 4 TO 7 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED FIRST PETITIONER VIDE ORDER IN I.A.NO. 13596/2014 DATED 14.10.2014.

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BY ADV. SRI.R.K.MURALEEDHARAN

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..2/-

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..2..

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WP(C).No. 22413 of 2009 (V)

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RESPONDENT(S) :

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1. THE SPECIAL TAHSILDAR, L.A (GENERAL), MALAPPURAM.

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2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM.

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3. THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, KOZHIKODE.

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4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, K.S.E.B, SECRETARIAT, TRIVANDRUM.

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R1 & R2 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER R3 & R4 BY SRI. P.A.AHAMMED, S.C

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 22413 of 2009 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 23503/2006 DATED 28.08.2008 OF THIS HON'BLE COURT.

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EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 20.03.2009 IN CONT. COURT CASE NO. 205/2009.

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EXHIBIT P3: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 03.04.2009.

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EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH RESPECT TO AWARD NO. 1/09.

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EXHIBIT P4(A): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH RESPECT TO AWARD NO. 2/09.

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EXHIBIT P4(B): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH RESPECT TO AWARD NO. 3/09.

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EXHIBIT P4(C): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH RESPECT TO AWARD NO. 4/09.

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EXHIBIT P4(D): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH RESPECT TO AWARD NO. 5/09.

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EXHIBIT P5: TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT U/S 28A OF THE LAND ACQUISITION ACT RECEIVED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT IN RESPECT OF AWARD NO. 1/09.

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EXHIBIT P5(A): TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT U/S 28A OF THE LAND ACQUISITION ACT RECEIVED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT IN RESPECT OF AWARD NO. 2/09.

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EXHIBIT P5(B): TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT U/S 28A OF THE LAND ACQUISITION ACT RECEIVED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT IN RESPECT OF AWARD NO. 3/09.

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EXHIBIT P5(C): TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT U/S 28A OF THE LAND ACQUISITION ACT RECEIVED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT IN RESPECT OF AWARD NO. 4/09.

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WP(C).No. 22413 of 2009 (V)

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EXHIBIT P5(D): TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT U/S 28A OF THE LAND ACQUISITION ACT RECEIVED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT IN RESPECT OF AWARD NO. 4/09.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

P.V.ASHA, J.

W.P(C) No.22413 of 2009-V

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Dated this the 21^st day of November, 2016

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JUDGMENT

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The petitioners' grievance is that they are not paid interest till the date of the award passed on the basis of their applications under Section 28A of the Land Acquisition Act.

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The petitioners had submitted Ext.P4 series of applications for re-determination of compensation under section 28A. The award was passed as per Ext.P5 series on 3.4.2009. But in these Ext.P5 series of awards interest was calculated @ 15% per annum for the period from 10.06.1992 to 31.03.2004 only; whereas the award is dated 3.4.2009.

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In this case the petitioners' land was acquired for construction of switching station at Areacode. Section 4(1) notification was issued on 16.09.1988 and land was taken possession on 04.10.1990. While passing Ext.P5 series of award, 12% additional interest has been awarded from 16.09.1988 to 20.03.1991 and 9% interest has been awarded for the period from 21.03.1991 to 20.03.1992. However, 15% interest as provided under Section 28 has been granted only for the period

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W.P(C) No.22413 of 2009-V

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upto 31.3.2004.

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I have heard learned counsel for the petitioner, learned Standing Counsel for the 2^nd respondent and learned Senior Government Pleader for the 1^st respondent.

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The respondents have filed a counter affidavit. Except for the fact that there was insufficiency of funds with the respondents to effect payment, no reason is stated for limiting the interest upto 31.03.2004. Section 28 and 28A(2) and (3) provide as follows:

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“28. Collector may be directed to pay interest on excess compensation:-- If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the collector did award as compensation, the award of the Court may direct that the collector shall pay interest on such excess at the rate of nine per centum per annum from the date on which he took possession of the land to the date of payment of such excess into Court:

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[Provided that the award of the court may also direct that where such excess or any part thereof is paid into Court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry.]

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xxxxxx xxxxx xxxxx xxxxx xxxxx xxxx xxxx

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28A. Re-determination of the amount of compensation on the basis of the award of the Court:--(1) xxxxx xxxxx xxxxx xxxx xxx xxxx xxxxx xxxxx xxxxx xxxx xxxxx xxxx

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(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants.

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W.P(C) No.22413 of 2009-V

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(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of Sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18.”

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Thus as per the Proviso to Section 28 read with sub section 3 of Section 28A of the Act, interest is payable @ 15% till the date of award.

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None of the counter affidavits explains the reason for not calculating or making payment to the petitioners till the date on which the award was passed. The respondents have only stated that on redetermination of compensation under Section 28A of the Land Acquisition Act, 12% increase of market value has been granted upto the date of award and thereafter 9% and 15% interest granted on market value and solatium. It is further stated that as per calculation statement approved by the Land Acquisition Officer, the calculation statement limits the payment of interest for the period upto 31.03.2004. As per Section 28 read with section 28A the petitioner is entitled to get payment of interest @ 15%, till the date on which award is passed, which is 3.4.2009.

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W.P(C) No.22413 of 2009-V

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Under the above circumstances, there shall be a direction to the respondents to recalculate the amount due to the petitioners under Section 28 of the Land Acquisition Act and make the payment for the period upto the date of the award, namely 3.4.2009, within a period of three months from the date of receipt of a copy of this judgment.

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The Writ Petition is allowed accordingly.

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Sd/(P.V.ASHA, JUDGE)

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rtr/

Karumarakadan Ramankutty & Others v. the Special Tahsildar,La (General) & Ors.

Case brief

What is this about?

What did the court decide?

Karumarakadan Ramankutty & Others v. the Special Tahsildar,La (General) & Ors.

Case brief

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