IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25708 of 2008(I) -------------------------- PETITIONER: ------------ 1. A.M.RAJAN, ANAMKOTTIL, KOLANI, THODUPUZHA. 2. SHEELA MOHAN, CHITTIKUNNEL, THALAMATTOM ERNAKULAM DIST. 3. M.A. KARUNAKARAN, MOOLAKKATU HOUSE, MANAKKADU.PO.,THODUPUZHA. 4. OUSEPH PALNADATHU VATTAPPRAMBIL,KARUKUTTIKARA, MUKUNDAPURAM, ERNAKULAM DIST. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REP. BY DISTRICT COLLECTOR, IDUKKI. 2. THE REVENUE DIVISIONAL OFFICER (LAND ACUISITION OFFICER, IDUKKI. BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.25708 of 2008 ------------------------ Dated this the 26th day of August, 2008 JUDGMENT Under challenge is Ext.P1 award passed by the Land Acquisition Officer under Section 28A of the Act. When this writ petition came up for admission, the learned senior Government Pleader Sri.Basanth Balaji took notice for the respondents. 2. I have heard the submissions of Sri. S.Ananthakrishnan, the learned counsel for the petitioners and Sri. Basanth Balaji the learned Government Pleader. The ground which is prominently urged before me by Sri.Ananthakrishnan is that the land Acquisition officer erred in not awarding the statutory interest which is admissible under Section 34 of the Land Acquisition Act. On going through Ext.P1, it is seen that a sum of Rs.1,32,567/- has been re-determined by the officer as the balance compensation payable to the petitioners. It is stated in Exts.P1 to P4 that the amounts will carry interest at the statutory rate from 21.4.2002. Obviously what the Land WPC.No. No. 25708/2008 2 Acquisition Officer intended to say was that the interest admissible under Section 34 will also be payable to the concerned petitioners upon the amounts redetermined as compensation. It would have been ideal if these amounts were also calculated and quantified in the awards. It appears to me that a serious mistake has been committed by the Land Acquisition Officer in awarding amounts under Section 23 (1)A to the petitioners. I am informed that possession of the properties was taken from these petitioners even prior to the issuance of present notification under Section 4 (1) of the Act. Since advance possession has been taken even prior to the ruling notification under Section 4 (1) the amounts under Section 23 (1)A can not be payable to the petitioners. The matter requires second look at the hands of the land acquisition officer. The land acquisition officer is directed to hear the petitioners and pass the revised awards taking into account the grounds raised in this writ petition and the submissions which may be addressed on behalf of the petitioners. The Land Acquisition Officer will ensure that total amount legally and correctly due to the petitioners is quantified in the award. The respondent will also ensure that WPC.No. No. 25708/2008 3 payments will be made simultaneously are passage of the awards. (PIUS.C.KURIAKOSE,JUDGE) dpk