Research › Search › Judgment

Kerala High Court · body

2018 DIGILAW 537 (KER)

Dakshayani Amma v. State of Kerala

2018-07-09

ANU SIVARAMAN

body2018
JUDGMENT : Anu Sivaraman, J. 1. The petitioner has approached this Court challenging Ext.P11 order of the Special Tahsildar, Land Acquisition rejecting the petitioner's application in terms of Section 28A of the Land Acquisition Act, 1894. It is submitted by the learned counsel for the petitioner that the properties had been acquired and award had been passed in terms of the Act. The petitioner sought for referring the matter to the Sub Court, Payyannur for enhancement of compensation. By the impugned order, the request for reference has been rejected on the ground that it is not accompanied by a declaration that the petitioner will not claim 15% interest on the amount awarded. 2. Heard learned counsel for the petitioner and the learned Government Pleader. 3. The only reason stated in the impugned order for rejecting the application is that the petitioner did not submit any undertaking that he would waive the statutory interest. I see absolutely no provision of law which enables the 3rd respondent to issue an order in the nature of Ext.P11. The petitioner cannot be required to waive the statutory interest in a land acquisition proceedings. 4. In the above view of the matter, I am of the opinion that the rejection of the applications preferred by the petitioner on the ground that he did not submit any declaration, as sought for, cannot be countenanced. The impugned order is set aside. There will be a direction to the 3rd respondent to consider Ext.P6 application and to pass orders on the same in accordance with Section 28A (1) of the Land Acquisition Act, 1894. Appropriate decision in this regard shall be taken without reference to the reasons stated in Ext.P11 for rejection, within a period of one month from the date of receipt of a copy of this judgment. 5. It is submitted by the learned counsel for the petitioner that the enhanced compensation granted by Ext.P10 order has also not been disbursed to the petitioner. In the above view of the matter, there will be a direction to the 2nd respondent to take appropriate action for disbursement of the amounts found due under Ext.P10 at the earliest, at any rate, within a period of three months from the date of receipt of a copy of this judgment. 6. The writ petition is ordered accordingly.