Research › Search › Judgment

Kerala High Court · body

2016 DIGILAW 831 (KER)

Beema Kannu W/o Abdul Rahim v. State of Kerala represented by its Secretary to Government, Revenue (B) Department, Government Secretariat

2016-09-30

K.RAMAKRISHNAN

body2016
JUDGMENT : K. Ramakrishnan, J. This is an application filed by the petitioners seeking intervention of this Court to direct the respondent to deposit the amount due as per the award in LAR Nos.159 of 2007 and 256 of 2007 on the file of Second Additional Sub Court, Thiruvananthapuram under Article 227 of the Constitution of India. 2. It is alleged in the petition that the petitioners are the claimants in LAR Nos.356 of 2007 and 159 of 2007 respectively. Certain lands belonged to the petitioners have been acquired by the Government for establishment of K.S.R.T.C bus stand at Enchakkal, Thiruvananthapuram and as regards the property of the first petitioner, land acquisition officer has fixed the land value at the rate of Rs. 49,030/- per are as against the claim of Rs. 5 lakhs per cent by the claimant and dissatisfied with the amount, he filed petition under the Land Acquisition Act for referring the matter to court for adjudication and accordingly it was referred to the reference court where it was numbered as LAR No. 356 of 2007 and the reference court has enhanced the land value at the rate of Rs. 13 lakhs per are. This was challenged by the State by filing LAA No. 366 of 2011 before this Court and this Court, as per Ext.P1 judgment dated 29.07.2013 the award passed by the reference court was modified and land value was re-fixed at the rate of Rs. 12,36,000/- per are. As regards the second petitioner's property is concerned, since he was not satisfied with the award passed by the land acquisition officer, the matter was referred to reference court and it was numbered as LAR No.159 of 2007 and the reference court had re-fixed the market value of the property at Rs. 17,00,000/- per are. This was challenged by the State by filing LAA No. 479 of 2013 before this Court and this Court by Ext.P2 judgment re-fixed the market value at the rate of Rs. 12,36,000/- per are. Since the respondent did not pay the amount, the petitioners filed E.P. No. 111 of 2011 in LAR No.356 of 2007 and E.P. No.76 of 2013 in LAR No.159 of 2007 for executing the award evidenced by Ext.P3 and P4 respectively. 12,36,000/- per are. Since the respondent did not pay the amount, the petitioners filed E.P. No. 111 of 2011 in LAR No.356 of 2007 and E.P. No.76 of 2013 in LAR No.159 of 2007 for executing the award evidenced by Ext.P3 and P4 respectively. Thereafter the execution petitions were referred to lok adalath held on 12.12.2015 organised by the District Legal Service Authority, Thiruvananthapuram and in the adalath, the matter has been settled and in LAR No. 356 of 2007 as per Ext.P5 award the amount was quantified as Rs. 2.25 Crores payable within five months and if it is not paid within that time, it will carry 15% interest on the amount agreed. In respect of LAR No. 159 of 2007 as per Ext.P6 award, the amount was quantified as Rs. 2.80 Crores with the same conditions as mentioned in Ext.P6. Though the petitioners approached the legal service authority on 02.02.2016 by filing Ext.P7, no effective steps have been taken by the respondents to deposit the amount. The District Legal Service Authority gave Ext.P8 order stating that since there is default clause, they can execute the award in accordance with law. Though Ext.P9 representation was given, the amount was not deposited. It is seen from Ext.P11 that an amount of Rs.22,50,00,000/- has already been sanctioned by the Government for satisfying the award in LAR Nos. 290 of 2010, 356 of 2007 and 159 of 2007 and as per the orders of the Lok Ayuktha in LAR No. 290 of 2010 interest was calculated up to 31.05.2015 and deposited 50% of that amount. Balance amount is only Rs. 6 Crores with them. If that amount is permitted to be adjusted for depositing the balance amount due in the other two LARs the cases can be disposed of. So they wanted to sanction for using the balance amount of Rs. 6 Crores for satisfying the other two LARs as well. But in spite of that, according to the petitioners, the amount has not been paid. So they have no other remedy except to approach this Court seeking the following reliefs : (i) Issue appropriate directions, directing the respondents to deposit the decree amounts in LAR Nos.356/07, 159/07 of Sub Court, Thiruvananthapuram, in terms of Exhibit P5 and P6 settlement awards. But in spite of that, according to the petitioners, the amount has not been paid. So they have no other remedy except to approach this Court seeking the following reliefs : (i) Issue appropriate directions, directing the respondents to deposit the decree amounts in LAR Nos.356/07, 159/07 of Sub Court, Thiruvananthapuram, in terms of Exhibit P5 and P6 settlement awards. (ii) Issue appropriate directions directing the respondents to deposit amount allotted as per G.O.(Rt) No. 2465/15 RT dated 15.05.2015 to satisfy the decree amount in LAR Nos.356/07 and 159/07, without waiting for the final disposal of the appeal preferred challenging the decree passed in LAR No. 290/10. (iii) To declare that the petitioners are entitled to get the decree amount in LAR Nos.356/07 and 159/07 satisfied from the amount of Rs. 6,00,00,000/- which is already allotted, as per G.O.(Rt) No.1566/Fin dated 11.2.2015 and G.O(Rt) 2465/RT dated 12.05.2016. (iv) Grant such other further reliefs as this Hon'ble Court deems fit and proper in the interest of justice. 3. The 2nd respondent filed a statement, which reads as follows: "1. This statement is filed without prejudice to the right of second respondent to file a statement at a later stage if found necessary. 2. It is submitted that the LAR No. 356/07 relates to the acquisition of 13.40 Ares of land in Sy.No.1699/1 and the LAR No. 159/07 relates to the acquisition of 13.10 Ares of land in Sy. No. 1699 of Pettah Village of Thiruvananthapuram Taluk for the construction of KSRTC Bus Terminal at Enchakkal, Thiruvananthapuram. The 4(1) notification was published on 14.01.05. 3. The Hon'ble Sub Court, Thiruvananthapuram on 05.09.2008 in common judgment in LAR No.356 of 2007 and LAR No.159 of 2007 has enhanced the land value to Rs. 17,00,000/- per Are against Rs. 49.030/- awarded by the Land Acquisition Officer. An appeal was preferred by the State challenging the said judgment as LAA No. 366 of 2011 & 479 of 2013 respectively. The Hon'ble High Court was pleased to interfere with the matter and reduced the enhanced land value from Rs. 17,00,000/- to Rs. 12,36,000/- per Are. 4. As per G.O.(Rt)1566/15/Fin dated, 11.02.2015, an amount of Rs. 22,50,00,000/- has been sanctioned towards paying the amount to the acquisition of land for the Enchakkal Bus Terminal, Thiruvananthapuram for the year 2014-15. The Hon'ble High Court was pleased to interfere with the matter and reduced the enhanced land value from Rs. 17,00,000/- to Rs. 12,36,000/- per Are. 4. As per G.O.(Rt)1566/15/Fin dated, 11.02.2015, an amount of Rs. 22,50,00,000/- has been sanctioned towards paying the amount to the acquisition of land for the Enchakkal Bus Terminal, Thiruvananthapuram for the year 2014-15. Meanwhile, an order has been issued by the Hon'ble Kerala Lok Ayukta directing to deposit the entire amount to satisfy the Decree in another LAR No. 290 of 2010. As the amount sanctioned is to meet the Decree in various LARs, 50% of the amount in LAR No.290 of 2010 (calculated upto 31/5/15) has been deposited in the Sub Court, Thiruvananthapuram. Aggrieved by this order, the State has filed LAA No. 564 of 2013 and LAA No.453 of 2013 before the Hon'be High Court and obtained a stay as per order in LA No.1271 of 2013 dated, 03.07.2015. The balance amount of Rs. 4,92,81,182/- has equally divided and deposited in the Hon'ble Sub Court, Thiruvananthapuram in LAR No. 356 of 2007 & LAR No. 159 of 2007. 5. It is respectfully submitted that as per G.O (Rt)2465/15/RD dated, 12.05.2015, State sanctioned another Rs. 6,00,00,000/- (Rupees Six Crores only) for satisfying the Decree in LAR-290 of 2010. The Hon'ble LokAyukta as per order in LA No. 1084 of 2015 in Complaint No. 30/15C dated, 16.06.2016 again directed the State to deposit the aforesaid amount of Rs. 6 Crores sanctioned by the Government. Moreover, if further payment is made, it may become an excess payment in LAR No. 290 of 2010 as an appeal is pending in this LAR before the Hon'ble High Court. 6. In these circumstances, an amount of Rs. 6 Crores has been deposited in the Work Deposit Account maintained by the LAO at the Sub Treasury, Kudappanakunnu and a request dated 27.11.2015 was send to the Revenue Department in Government to Review the Government Order No. 2465/15/RD dated, 12.05.2015 and permitted to utilize the said amount to satisfy the Decree in LAR-356 of 2007 and 159 of 2007 before Sub Court, Thiruvananthapuram. 7. Moreover, in the LokAdalath held on 12.12.2015 organised by the Legal Service Authority, both EP No.111 of 2011 in LAR-356/07 & EP No.76 of 2013 in LAR No.159 of 2007 were settled for a total sum of Rs. 2.25 Crores and Rs. 2.80 Crores respectively. 7. Moreover, in the LokAdalath held on 12.12.2015 organised by the Legal Service Authority, both EP No.111 of 2011 in LAR-356/07 & EP No.76 of 2013 in LAR No.159 of 2007 were settled for a total sum of Rs. 2.25 Crores and Rs. 2.80 Crores respectively. As such another request was submitted before the Revenue Department of Government to make use of Rs. 6 Crores to other LAR cases including LAR-356 of 2007 & 159 of 2007 and awaiting the orders from the Government. 8. In addition to that, Requisitioning Authority, KSRTC has also requested to provide sufficient fund to deposit the decretal amount in the Court so as to avoid huge loss in the form of interest and to avoid further steps by the Court, but the same has not been allotted by them. It is only because of non availability of fund that this respondent is unable to deposit the decretal amount in the Court. 9. Under these facts and circumstance, it is respectfully submitted that there is no wilful negligence or undue delay or laches has been occurred from the part of this respondent. Hence it is respectfully submitted that, this Hon'ble Court may be pleased to accept this statement and grant three months time to deposit the amount and close the above case." 4. It is an admitted fact that as per award in LAR No.356 of 2007 and 159 of 2007 enhanced compensation have been passed in favour of the petitioners by the Additional Sub Court, Thiruvananthapuram, which was taken up in appeal by the State and as per Exts.P1 and P2 judgments in LAA Nos.366 of 2011 and 479 of 2013, this Court has re-fixed the compensation payable reducing the amount fixed by the reference court. Thereafter since the amount has not been paid, the petitioners have filed execution petitions for realisation of the amount and the State has deposited a portion of the amount in those execution petitions and the balance amount was sought to be executed by filing the execution petitions. Thereafter since the amount has not been paid, the petitioners have filed execution petitions for realisation of the amount and the State has deposited a portion of the amount in those execution petitions and the balance amount was sought to be executed by filing the execution petitions. During the pendency of the execution petitions, the matter was referred to Lok Adalath conducted by the District Legal Service Authority, Thiruvananthapuram and in the Adalath held on 12.12.2015 the matter has been settled between the parties agreeing to settle the claim of the claimants for Rs.2.25 Crores and 2.85 Crores respectively foregoing certain amount of interest claimed in the execution petition and five months time was granted to the State to deposit the amount and it is further mentioned in the award that in case of default, the amount will carry 15% interest. Admittedly the amount has not been paid so far. 5. It is quite unfortunate that State Government after acquiring the properties when enhanced compensation has been passed by the High Court were reluctant to pay the amount due to the persons from whom the properties have been acquired. There is a duty cast on the Government to deposit the amount awarded by this Court without delay so that the fruits of the award can be enjoyed by the claimants, who had already lost their lands for a public purpose of the Government. It is quite unfortunate in this case that even after filing the execution petitions when the matter has been referred for adalath, the claimants have foregone some more interest payable as per the award passed and agreed to settle the claim for a lesser amount and granting some more time for the State to pay the amount. But in spite of that, the State Government has not honoured their promise in the adalath. The Lok Adalath are conducted under the Legal Service Authorities Act as an alternate dispute resolution mechanism to get speedy justice and State Government, who is a party to the settlement is bound to honour the award passed in the adalath. If State Government itself is not honouring that, people will lose their interest in the alternate dispute resolution mechanism itself. If State Government itself is not honouring that, people will lose their interest in the alternate dispute resolution mechanism itself. So there is a duty cast on the State Government, who have become the major litigant now-a-days, has to honour the award passed in the lok adalath so that people will be reposing confidence in the alternate dispute resolution mechanism and approach the legal service authorities for getting quicker reliefs. However, when the petitioners have moved this Court by filing the above writ petition, the second respondent had filed a statement undertaking to deposit the amount within three months. This Court hopefully believe that Government will honour that undertaking given before this Court and take necessary steps to deposit the amount due as per Ext.P5 and P6 awards passed by the Lok Adalath held on 12.12.2015 in terms of the award passed thereon. So, accepting the statement filed by the 2nd respondent this petition is disposed of as follows: Respondents 1 and 2 are directed to deposit the amount due as per Exts.P5 and P6 award as expeditiously as possible, at any rate, within three months from today as undertaken in the statement filed on behalf of the 2nd respondent. The Government Pleader is directed to communicate this judgment to the concerned authority of the State Government immediately so as to comply with the direction to deposit the amount.