Supreme Court - Daily Orders
M.K. Divakaran Thampi vs State Of Kerala on 26 November, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5650 OF 2008
M.K. DIVAKARAN THAMPI & ANR. .. APPELLANT(S)
VERSUS
STATE OF KERALA & ANR. .. RESPONDENT(S)
O R D E R
1. This appeal is directed against the judgment and order passed by the High Court of Kerala at Ernakulam in L.A.A. Nos.1226, 1227, 1228, 1240, 1241 and 1242 of 2005, dated 09.06.2006
2. The brief facts of the case are that under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) notifications dated 24.02.1987 and 05.01.1998 were issued by the acquiring authority to acquire the land for the purpose of construction of go-down of Kerala State Warehousing Corporation. The Signature Not Verified Digitally signed by possession of the land was taken on 21.06.1988. Charanjeet Kaur Date: 2015.11.28 12:59:29 IST Reason: 2
3. The District Collector, Ernakulam by its letter dated 03.08.1988 approved the award of Rs.12,340/- per cent payable for the acquired lands. In the year 1990, the Land Acquisition Officer (for short, “the LAC”) determined the compensation payable for the acquired lands at Rs.19,768/- per are.
4. Being aggrieved by the award passed by the LAC the appellant sought for reference before the Reference Court. The Reference Court/Sub-court on reference enhanced the compensation to Rs.25,000/- per are by order dated 06.01.2003.
5. The appellants/claimants, not being satisfied with the compensation awarded appealed to the High Court. The High Court vide order dated 12.07.2004 remitted the appeals back to the Reference Court to decide the quantum of compensation afresh as the requisitioning authority was not a party to the proceedings.
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6. The Reference Court by order dated 20.06.2005 passed a fresh award by enhancing the compensation to Rs.30,000/- per are.
7. Aggrieved by the aforesaid order of the Reference Court, the claimants as well as the Corporation filed appeals before the High Court.
8. The High Court by order dated 09.06.2005 dismissed the appeals filed by the appellants/claimants and while allowing the appeals in-part reduced the compensation to Rs.25,000/- per are.
9. Aggrieved by the aforesaid judgment and order passed by the High Court, the appellants/claimants are before us in this appeal.
10. We have heard the learned counsel for the parties to the lis.
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11. After going through the judgments and orders passed by the High Court as well as the Courts below and the material available on record and in view of the peculiar facts and circumstances of the case, we are of the considered opinion that the judgment and order passed by the High Court be set aside and order passed by the Reference Court be restored.
12. Accordingly, we set aside the judgment and order passed by the High Court and restore the order dated 20.06.2005 passed by the Reference Court.
13. The Civil Appeal is allowed in terms of the order passed above.
.............CJI.
[ H.L. DATTU ] ...............J. [ ARUN MISHRA ] NEW DELHI, NOVEMBER 26, 2015.
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ITEM NO.23 COURT NO.1 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 5650/2008 M.K. DIVAKARAN THAMPI & ANR. Appellant(s) VERSUS STATE OF KERALA & ANR. Respondent(s) (with office report) Date : 26/11/2015 This appeal was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. T. G. Narayanan Nair,Adv. For Respondent(s) Mr. Jogy Scaria,Adv.
Ms. Mukti Chowdhary,Adv. Mr. Sushrut Jindal, Adv. Ms. S. Janani,Adv.
Mr. Ramesh Babu M.R. Adv. UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.
Pending application(s), if any stand disposed of.
(Neetu Khajuria) (Vinod Kulvi)
Sr.P.A. Assistant Registrar
(Signed order is placed on the file.)