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. 25721 of 2008(K) -------------------------- PETITIONER: ------------ SANTHAKUMARI EDAKKAPUZHA VEETIL, THALAMATTOM KARA, THODUPUZHA. 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 ACQUISITION 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.25721 of 2008 ------------------------ Dated this the 26th day of August, 2008 JUDGMENT Under challenge is Ext.P3 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 petitioner 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.P3, it is seen that a sum of Rs.35,430/- has been re-determined by the officer as the balance compensation payable to the petitioner. It is stated in Ext.P3 that the amount will carry interest at the statutory rate from WPC.No.25721/2008 2 the date of the original award. Obviously what the Land Acquisition Officer intended to say was that interest admissible under Section 34 will also be payable to the concerned petitioner 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 petitioner. I am informed that possession of the properties was taken from the petitioner 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 due under Section 23 (1)A can not be payable to the petitioner. The matter requires a second look at the hands of the land acquisition officer. The land acquisition officer is directed to hear the petitioners and pass the revised award taking into account the grounds raised in this writ petition and submissions which may be addressed on behalf of the petitioner. The Land Acquisition Officer will ensure that total amount legally and correctly due to the petitioner is quantified in the award. The WPC.No.25721/2008 3 respondent will ensure that the payments are made simultaneously with the passage of the awards. (PIUS.C.KURIAKOSE,JUDGE) dpk