High Court Kerala High Court

Sri.Alex Joseph vs Inland Water Authority Of India on 28 February, 2005

Kerala High Court
Sri.Alex Joseph vs Inland Water Authority Of India on 28 February, 2005
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6286 of 2004(W)


1. SRI.ALEX JOSEPH,
                      ...  Petitioner

                        Vs



1. INLAND WATER AUTHORITY OF INDIA,
                       ...       Respondent

2. SPECIAL TAHSILDAR,

3. DISTRICT COLLECTOR, ERNAKULAM.

                For Petitioner  :SRI.P.B.RADHAKRISHNAN

                For Respondent  :SRI.V.SANTHARAM, SC, IWAI

The Hon'ble MRS. Justice K.HEMA

 Dated :28/02/2005

 O R D E R
                                        K. HEMA, J.

                           --------------------------------

                             WP(C) No. 6286 of 2004

                          -----------------------------------

                 Dated this the 28th day of February 2005


                                     J U D G M E N T

This petition is filed to issue a writ of certiorari or direction to

quash Ext.P1 and direct the 2nd respondent, Special Tahsildar, Land

Acquisition, Vyttila to pass fresh award “adding required amendments.”

2. A perusal of Ext.P1 would go to show that it is only an

affidavit filed by the Special Tahsildar (LA), Vyttila before the Sub

Court, Ernakulam. The contents of Ext.P1 shows that according to 2nd

respondent there were some mistakes in the basic valuation reports

attached to the `Note to Award’ in the Land Acquisition reference and

connected cases. The 2nd respondent sought for corrections to be

made in the basic valuation report to the `Note to Award.’ It appears

that there are some changes in the land value and hence amendment

was sought for on the 4th, 5th and 6th lines in the `Note to Award’. But

it is not comprehensible as to how and on what ground an affidavit

filed by a party before the court below can be quashed.

3. The second prayer is to direct the 2nd respondent to pass fresh

award. Admittedly, an award was already passed . But no sufficient

grounds are made out to issue a direction as prayed for. The matter is

under consideration before the court below. The petitioner sought for

a direction to be issued to the Sub Court, Ernakulam to adjudicate the

WP(C) No.6286/2004 2

award only after issuance of fresh award. It appears from the

arguments advanced by learned counsel for the petitioner that the

corrections sought to be made in Ext.P1 cannot be made because it

will affect the award materially passed in this case. By the proposed

amendments to the Note to Award, as requested in Ext.P1, there can

be material change in the award.

4. But, according to learned counsel appearing for the petitioner,

as per Section 13A of the Land Acquisition Act, the Collector cannot

make correction of any clerical or arithmetical mistake in the award or

errors arising therein either on its own or on the application of any

person etc. after six months from the date of award. The affidavit is

filed much after expiry of six months from the date of award.

Therefore, the strong contention raised by the petitioner is that

Section 13A of the Land Acquisition Act would bar any amendment

being made in the Note to Award.

5. The learned Government Pleader submitted that, in fact, the

2nd respondent is not seeking any amendment as per which there can

be a material change in the award. It is pointed out that instead of

producing the detailed valuation report along with the reference, by

an inadvertent mistake, the basic valuation report was submitted

before the court below and the 2nd respondent has only sought for

WP(C) No.6286/2004 3

including the details shown in the affidavit to be incorporated in the

relevant records. It was contended by the learned Government

Pleader that by including those details there cannot be any change in

the award at all.

6. On hearing both sides, I am satisfied that the fact whether

there would be change in the award or not and whether the

amendments sought for is in view of non-production of the detailed

valuation report etc. will not come within the scope of Art.226 of 227

of the Constitution. The matter is pending before the court below

and the Sub Court, while considering the application for amendment,

based on Ext.P1, will consider the rival contentions raised in respect of

the specific bar under section 13A etc. It is also relevant to note that

petitioner has pointed out that in view of the provisions in the Kerala

Land Acquisition Manual, after the award has been passed, no clerical

error can be corrected.

7. It is provided in the Land Acquisition Manual that even if the

persons interested made consent to the revision or amendment, the

District Collector shall not revise or amend the award once passed.

These contentions can be looked into by the Sub Court while

considering the application. But, I do not find any ground to interfere

in this matter or to quash the affidavit (Ext.P1) filed by the 2nd

WP(C) No.6286/2004 4

respondent, as prayed for. No direction can also be issued to the 2nd

respondent to pass a fresh award.

With these observation, this petition is dismissed.

Sd/-

Krs.                                              K. HEMA, JUDGE.