High Court Kerala High Court

Ramadevi vs R.Vimalakumari on 21 July, 2008

Kerala High Court
Ramadevi vs R.Vimalakumari on 21 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1518 of 2005(D)


1. RAMADEVI, GANAYA,
                      ...  Petitioner
2. VINOD KUMAR,
3. R.LALY,
4. V.PRASANTH,

                        Vs



1. R.VIMALAKUMARI,
                       ...       Respondent

2. K.RADHA, D/O.DEVAKI AMMA,

3. LEELA, T.C.NO.4/1615,

4. SUNITHA, T.C.NO.4/1615, PANAYIL VEEDU,

5. SUCHITHRA, T.C.NO.4/1615,

6. ELSY, T.C.NO.1615,

7. STATE OF KERALA,

8. KERALA WATER AUTHORITY,

                For Petitioner  :SRI.BIJU BALAKRISHNAN

                For Respondent  :SRI.D.SAJEEV

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :21/07/2008

 O R D E R
                       PIUS.C.KURIAKOSE, J.
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                         L.A.A.No.1518 OF 2005
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                   Dated this the 21st day of July, 2008

                                JUDGMENT

This appeal is by the legal heirs of the deceased second claimant

in a reference under section 31(2) of the land acquisition Act for

apportionment of the disputes between the claimants regarding the

compensation deposited by the land acquisition officer before the court.

A total extent of 1.20 Ares of land in R.S.No. 128 of

Thiruvananthapuram village was acquired by the government for the

purposes of the water authority and award was passed for an amount of

Rs. 1,22,900/-. The award was passed jointly in favour of J.Bhargavan

(C1), R.Velappan ( C2), R.Vimalakumari (C3) and K.Radha (C4).

2. The present appeal is filed by the legal heirs of Velappan

(C2) and the same is resisted by the legal heirs of Bargavan (C1) in

whose favour only the learned subordinate Judge under the impugned

award had directed release of the entire compensation. The appellants

had laid claim for proportionate amount of compensation due for 53

squre metres of land on the basis of Ext.A2 sale deed. Ext.A2 is dated

LAA.No.1518/05 2

27/01/1996. On the terms of Ext.A2 Bhargavan has conveyed a total

extent of one Are and 35 sq. metres of land corresponding to 3 cents

and 3 sq. links in favour of Velappan. The appellants’ claim is that

under the award passed by the land acquisition officer, 53 square

metres from out of the property covered by Ext.A2 had also been

acquired. The above claim is supported by the Mahazer dated

14/07/1997 prepared by the land acquisition officer at the time when

the acquired properties were taken possession of. The land acquisition

officer did not become inclined to award proportionate compensation

to Sri.Velappan because of the reason that Ext.A2 document is

executed between the parties long after the issuance of the initial

notification under section 4(1). A reading of the judgment of the

learned Subordinate Judge will show that the same reason found

favour with the learned Judge also. According to the learned Judge

sale deeds which are subsequent to the date of section 4(1) notification

are liable to be ignored. At the same time, the learned Judge has

observed in the judgment that if so advised, claimants 2, 3 and 4 can

resort to other civil remedies.

LAA.No.1518/05 3

3. Heard Sri.Biju Balakrishnan, learned counsel for the

appellant and Sri.D.Sajeev, learned counsel for the contesting

respondents. Sri.Biju Balakrishnan would submit that it is too

technical on the part of the learned Subordinate Judge to have declined

relief to the appellants and to have relegated them to a second round of

litigation before a regular civil court. He drew my attention to the

documents such as Ext.A2 and the Mahazer and would argue that there

is every justification for the appellants being paid their due share out of

the compensation under deposit.

4. Sri.D.Sajeev per contra, would draw my attention to the

property description in the schedule of Ext.A2 document. Learned

counsel submitted that the same will show that the property which was

acquired for the purposes of the water authority has been specifically

excluded from the conveyance in favour of the appellants. I am unable

to accept the argument of Sri.D.Sajeev. Ext.A2 sale deed is dated

27/1/1996 and the Mahazer dated 14/07/1997 will show clearly that it

is on that date that the property was taken possession of from the

awardees. In the award Velappan’s name is also mentioned as a person

LAA.No.1518/05 4

in joint occupation of the premises. This give support to the claim of

the appellants that their properties have also been acquired under the

award. Going by Ext.A2 sale deed, the execution which is not disputed

by the contesting respondents, the remaining extent under the

ownership of Sri.Bhargavan could not have been more than 910

sq.metres. Whatever that be, I have no doubt in my mind that the

appellants’ predecessor Velappan was entitled for proportionate

compensation for 53 sq.metres of land.

The result is that the appeal will stand allowed. It is found that

the appellants are entitled for a sum of Rs. 52475/- + interest as on

31/10/1997 from out of the amounts in deposit. Upon cheque

application being filed by the appellants, the learned Subordinate Judge

will release the precise amount to the appellants. But in the

circumstances, parties will suffer their costs.

PIUS.C.KURIAKOSE
JUDGE

sv.

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