IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 37407 of 2008(C) -------------------------------------- PETITIONER: ------------------- GOPINATHAN, S/O.SRI.NEELAKANTAN, AGED 59 YEARS, RESIDING AT `GOPI VILASAM', KOLANNOOR MURI, EZHUKONE P.O, KOLLAM. BY ADVS. MR.P.GOPAKUMARAN NAIR, MR.C.S.DIAS, MR.N.K.SUBRAMANIAN, MR.K.V.ANIL KUMAR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER(CONSTRUCTION), SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 5. THE SPECIAL TAHSILDAR(LA), RAILWAYS, KOLLAM. R1 & R3 BY MR. N.B.SUNIL NATH,SC, RAILWAYS, R2, R4 & R5 BY GOVERNMENT PLEADER MT. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI, J. --------------------------- W.P.(C).37407 of 2008 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The property belonging to the petitioner, having an extent of 00.85 Ares of land with a shop bearing No.EP-VII/159 comprised in Survey No.279/14/1 of Ezhukone Village was acquired at the instance of the Railways for the purpose of converting the Kollam-Punalur Railway line from meter gauge to broad gauge. Pursuant to Ext.P1 notification, the petitioner's land, along with another shop building, was acquired approximately two years ago. Compensation in relation to the said land was given. The shop bearing No.VII/159 was also taken possession of. But for some reason, the same was not included in the award. The net result is that though the petitioner's building was valued at Rs.1,17,128/-, as evidenced by Ext.P4, the said compensation amount was not paid to the petitioner. Hence, the writ petition. W.P.(C).37407 of 2008 :: 2 :: 2. A counter affidavit has been filed by the 2nd respondent. That the petitioner is entitled to compensation for Building No.VII/159 is not disputed. In fact, it is admitted. But, it is contended that Section 13 A of the Land Acquisition Act only permits correction of any clerical or arithmetical mistakes within six months from the date of award. 3. The award in this case was passed more than 3 years ago. Therefore, six month's time limit prevents an additional award being passed. I am not satisfied with the stand taken by the respondents. Admittedly, the property belonging to the petitioner has been acquired. There is a fault on the part of the Acquisition Officer, whereas the compensation of the said building is not included as part of the award. That a detailed valuation statement in relation to the said building was prepared is also admitted and is evidenced by Ext.P4. W.P.(C).37407 of 2008 :: 3 :: In the result, the writ petition is disposed of directing respondents 4 and 5 to see that compensation assessed as per Ext.P4 in relation to Building No.EP/VII/159 acquired for the purpose of Railways, is paid to the petitioner within two months from the date of receipt of a copy of this judgment. If there is delay in payment of the same, interest at the rate of 12% shall accrue on the said amount from the date of this judgment. Sd/- (V.GIRI) Judge sk/ //true copy//