The Court directed the District Collector to quantify and deposit compensation and interest decided in a Lok Adalath and earlier decrees. The petitioner received the enhanced compensation amount with interest.
District Collector to quantify due amount with 15% interest and pay 50% of the amount within three months and the balance 50% within another 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.VINOD CHANDRAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939
WP(C).No. 8907 of 2017 (K)
PETITIONER:
PRASANNA, D/O. VASU, MELATHIL VEEDU, MAITHANAM, MUNDAYIL DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.BASANT BALAJI
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695001
2. THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-6995005.
3. SPECIAL TAHSILDAR, ADDITIONAL LA UNIT, VANCHIYOOR, THIRUVANANTHAPURAM. 695005.
4. THE SECRETARY, VARKALA MUNICIPALITY, VARKALA. THIRUVANANTHAPURAM 695 101.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT K.R. DEEPA R4 BY ADV. SRI.V.RENJITH KUMAR, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 8907 of 2017 (K)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------P1 TRUE COPY OF THE JUDGMENT DATED 18/08/2010 IN LAA 556/2010 P2 TRUE COPY OF THE EXECUTION PETITION NO. 71/2008 IN LAR 29/2004 ON THE FILES OF THE SUB COURT, ATTINGAL P3 TRUE COPY OF THE AWARD DATED 12/12/2015 OF THE LOK ADALATH P4 TRUE COPY OF THE STATEMENT OF ACCOUNT RESPONDENT(S)' EXHIBITS NIL ----------------------/TRUE COPY/ K.V. P.S.TO JUDGE
K. VINOD CHANDRAN, J.
W.P.(C) No. 8907 of 2017 (K)
Dated: 07th November, 2017
J U D G M E N T
The petitioner is aggrieved with the non disbursement of the compensation amount, as enhanced by the Sub Court, by Award dated 15.01.2008, which is also confirmed in appeal.
W.P.(C) No. 8907/2017
-2-
annum. Obviously, the Government did not deposit the amount as directed in the Lok Adalath.
W.P.(C) No. 8907/2017
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Ext.P3, in which the Government had also received some concessions; which the petitioner, the landowner, agreed to, for expeditious disbursal of the amounts. The amounts, as agreed in Ext.P3, were not deposited within the period, thus making a mockery of the Lok Adalath conducted, in which the Government also participated. In any event, as of now, the petitioner is entitled to an amount of Rs.1,29,99,505/- with 15% per annum interest from 12.12.2015.
W.P.(C) No. 8907/2017
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The writ petition is disposed of. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 7/11/17
3 issues framed by the court
Whether the requisitioning authority can claim inability to pay compensation for acquired land.
Whether the Government is liable to deposit compensation enhanced by Sub Court and Lok Adalath award.
Quantum and timeline for remittance of compensation and interest.
Colour shows how this judgement treated each authority
Corporation of Cochin v. Michael Luiz – 1995 KHC 305Explained¶30
Corporation of Cochin v. Michael Luiz – 1995 KHC 305
Prasanna, D/o. Vasu
State of Kerala
District Collector, Kudappanakunnu
Special Tahsildar, Vanchiyoor
Secretary, Varkala Municipality
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.Vinod Chandran
Parties & counsel
