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Kerala High Court
M/S.Bainds Towers Pvt.Ltd vs State Of Kerala Represented on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 1203 of 2010(O)


1. M/S.BAINDS TOWERS PVT.LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

2. JANAKI AMMA, D/O.KAMALAKSHI PILLAI,

3. RUGMINI AMMA, D/O.KAMALAKSHI PILLAI,

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :20/12/2010

 O R D E R
                       THOMAS P. JOSEPH, J
                     -----------------------------------
                       O.P.(C) No.1203 OF 2010
           --------------------------------------------------------
         DATED THIS THE 20TH DAY OF DECEMBER, 2010


                             JUDGMENT

Learned Government Pleader takes notice for

respondent No.1. Notice to respondent Nos.2 and 3 is

dispensed with in view of the order I propose to pass and in

the light of the submission made by learned counsel for the

petitioner about finding entered by the court below on the

reference under Section 31(2) of the Land Acquisition Act

1894 (for short ‘the Act’).

2. There were two references, under Sections 18(1)

and 31(2) of the Act. Learned counsel for the petitioner

tells me that the reference under Section 31(2) has been

answered in favour of petitioner/ additional claimant and he

has received compensation awarded. When the matter was

pending in the reference court (L.A.R. No.256/07 of the Sub

Court, Thiruvananthapuram). Petitioner wanted an

additional claim statement to be filed in the said case and

did so, along with I.A.No.7904/2009 to receive the

O.P.(C) No.1203/2010
2

additional claim statement. Learned Sub Judge, vide

Ext.P3, order rejected I.A.No.7904/2009, holding that there

is no provision to receive any such additional claim

statement. Ext.P3 order is under challenge.

3. Learned counsel for petitioner contended that

Ext.P3, order is not sustainable and that the additional

claim statement filed along with I.A.No.7904/2009 must be

treated as a subsequent pleading which could be

entertained by the court invoking Rule 9 of Order VIII of the

Code of Civil Procedure (for short ‘The Code’). I have heard

learned Government Pleader also in this regard.

4. Learned Sub Judge was in error in holding that

there is no provision to receive an additional claim

statement. Section 25 of the Act states that the amount of

compensation awarded by the court shall not be less than

the amount awarded by the court under Section 11. Though

it is not as if the court therefore has unfettered power to

pass award for any amount by way of compensation, it is

clear from Section 25 that it is open to the court to award

O.P.(C) No.1203/2010
3

compensation more than what has been awarded by the

Collector under Section 11 of the Act. The procedure

before reference court is governed by the provisions of the

Code so far as it is not inconsistent with any other

provisions of the Act, as Section 53 of the Act states. In the

matter of reception of additional claim statement, there is

no provision in the Act which is inconsistent with the

provisions of order VIII of the Code.

5. Rule 378 of the Civil Rules of practice (for short ‘the

Rules of practice’) deals with service of notice and trial of

references. Sub Rule 3 says that the application before the

Collector for references shall be treated as a plaint and that

investigation shall be with reference to the claim made

therein. Sub Rules 4 says that claimants may, and, if so

required by the court, shall, at or before the first hearing or

within such time as the court may permit, present written

statement settling out their claim in full. Under Sub Rule 5,

the Collector, the Company and the local authorities may

and if so required by the court shall, file a reply statement.

O.P.(C) No.1203/2010
4

Sub Rule 6 says that the statements filed under Sub Rules 4

and 5 shall together with the application for reference

constitute pleadings in the case and that Rules in Order VII

and VIII of the Code shall apply mutatis mutandis to such

statements.

6. The above Sub Rules of Rule 378 of the Rules of

practice read along with Section 53 of the Act referred to

above leaves me in no doubt that it is within the power of

reference court to receive a subsequent pleadings as

referred to in Rule 9 of Order VIII of the Code. In that view

of the matter, learned Sub Judge was not correct in holding

that there is no provision to receive additional claim

statement.

7. On the question whether petitioner should be

allowed to file claim statement, learned counsel submitted

that petitioner had submitted a preliminary written

statement along with document (in answer to the reference

under Section 31(2) of the Act) and that petitioner wanted

to submit a detailed written statement regarding

O.P.(C) No.1203/2010
5

enhancement of compensation.

8. Ext.P2 is the copy of I.A.No.7904/2009. Having

gone through the affidavit in support of Ext.P2, I am

inclined to think that petitioner could be given opportunity

to file additional claim statement, of course without

prejudice to the right of the respondent No.1 to file reply

statement, if any to such additional statement.

Resultantly, this petition is allowed in the following

lines.

(i)Ext.P3, order rejecting I.A No.7904/2009 in

L.A.R. No.256/2007 of the Court of learned

Sub Judge, Thiruvananthapuram is set

aside.

(ii) I.A. No.7904/2009 is allowed and the

learned Sub Judge shall receive the

additional claim statement filed by

petitioner.

(iii)Learned Sub Judge shall give sufficient

O.P.(C) No.1203/2010
6

opportunity to respondent No.1 or any

other contesting respondent if any to file

reply statement in answer to the additional

statement of petitioner.

Sd/-

THOMAS P. JOSEPH
(JUDGE)

ss/-


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