Allowed

K.v.Surendran v. the District Collector,Kannur

Kerala HC24 Nov 2022WP(C)/23450/2022

Case brief

AI extract

What is this about?

This judgment challenges awards passed under Section 28A of the Land Acquisition Act which denied statutory interest on enhanced compensation. The court held that denying interest based on delay or lack of undertaking is legally unsustainable. It allowed the petitions, set aside the awards, and directed payment of statutory interest.

What did the court decide?

The impugned awards were set aside to the extent they denied statutory interest, and respondents were directed to award interest as per the statute within two months.

K.v.Surendran Vs the District Collector,Kannur — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 24^TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944

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WP(C) NO. 23450 OF 2022

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PETITIONER:

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K.V.SURENDRAN AGED 64 YEARS, S/O. LATE KANNAN NAIR, KODAKKAL VADAKKE VEEDU, P.O. RAMANTHALI, (VIA) PAYYANNUR, KANNUR DISTRICT, PIN - 670308.

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BY ADV SRI.V.N.RAMESAN NAMBISAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR - 673 001.

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2 THE SPECIAL TAHSILDAR (LA) GENERAL, THALASSERY, KANNUR DISTRICT, PIN - 670 104.

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SRI.BIMAL K.NATH, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2022, ALONG WITH WP(C).23527/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 23450 & 23527 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 24^TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944

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WP(C) NO. 23527 OF 2022

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PETITIONER:

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MATHI .T.ALIAS MADHAVI T. AGED 85 YEARS, W/O.KUNHAMBU, THERAYIL HOUSE, P.O.ETTIKULAM, RAMANTHALI, KANNUR DISTRICT, PIN - 670 308 REPRESENTED BY POWER OF ATTORNEY HOLDER, T.CHANDRAN, S/O.P.P.KUNHAMBU, AGED 55 YEARS, THERA HOUSE, P.O.ETTIKULAM, RAMANTHALI, KANNUR DISTRICT, PIN - 670 308.

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BY ADV SRI.V.N.RAMESAN NAMBISAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, KANNUR DISTRICT, PIN - 670 002.

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2 SPECIAL TAHSILDAR (LA) GENERAL THALASSERY, KANNUR DISTRICT, PIN - 670 101. SMT.C.S.SHEEJA, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2022, ALONG WITH WP(C).23450/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 23450 & 23527 OF 2022

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T.R. RAVI, J.

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W. P. (C). Nos. 23450 & 23527 of 2022

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Dated this the 24^th day of November, 2022

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JUDGMENT

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In both these writ petitions, the petitioners have challenged the award passed on the basis of an application under Section 28A for reference to the extent it denies statutory interest. It is seen from the awards that the enhancement granted in the judgment, based on which the Section 28A application has been filed, alone has been granted and no statutory interest has been awarded. The Note to the award says that even though this Court had directed payment of interest in several judgments which have been referred therein and the consistent view of the Court has been to award interest and the Government letter No.54204/B1/RD dated 14.09.2007 has also directed payment of interest, the Officer is of the opinion that it will be unfair to award interest in a case where Section 28A application has been filed several years after the actual possession. The reasoning cannot be legally sustained. This Court has consistently held that in an application for enhancement of compensation filed under Section 28A of the Land Acquisition Act

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WP(C) NOS. 23450 & 23527 OF 2022

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1894, the grant of interest cannot be denied. In several cases the Court was considering the rejection of the request for interest stating that the applicant had not undertaken to forego interest. This Court has held that no such demand can be raised by the authorities. (See Judgments in W.P.(C) Nos.27749/2018, 30321/2019, 3995/2019 & 20360/2018)

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In the result, the writ petitions are allowed. The impugned awards are set aside to the extent they deny the payment of statutory interest. There will be a direction to the respondents to award interest as provided under the Statute for the amounts enhanced on the basis of the judgments relied on under Section 28A. Necessary orders shall be issued within two months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE

WP(C) NOS. 23450 & 23527 OF 2022

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APPENDIX OF WP(C) 23450/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION DATED 08-07-2019 FILED BY THE PETITIONER UNDER SECTION 28A OF THE LAND ACQUISITION ACT BEFORE THE 2ND RESPONDENT.

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Exhibit P2 TRUE OF COPY THE AWARD, REF. NO. DCKNR/3506/2022-C2 DATED 24-05-2022 PASSED BY 1ST RESPONDENT.

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Exhibit P3 TRUE COPY OF THE DRAFT AWARD, REF. G. 1909/19 DATED 11-02-2022 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

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WP(C) NOS. 23450 & 23527 OF 2022

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APPENDIX OF WP(C) 23527/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION DATED 20/11/2021 FILED UNDER SECTION 28A OF THE LAND ACQUISITION ACT. Exhibit P2 TRUE COPY OF THE AWARD, REF.DCKNR/4620/2022-C2 DATED 24/05/2022 PASSED BY THE 1ST RESPONDENT, DISTRICT COLLECTOR.

K.v.Surendran v. the District Collector,Kannur

Case brief

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K.v.Surendran v. the District Collector,Kannur

Case brief

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What did the court decide?

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