BINI Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition is filed to direct the respondents to comply with the terms of Ext P3 award dated 14.10.2019 and pay the petitioner an amount of Rs 8,32,318/- (Rupees Eight Lakhs Thirty Two Thousand Three Hundred and Eighteen only).

(2.) The case of the petitioner, in brief, in the original petition is that, in connection with the widening of the National Highway, the petitioner's property was acquired by the first respondent. As the petitioner disputed the adequacy of compensation awarded, the matter was referred to the Court. By award dated 22.7.2010, the Reference Court was pleased to enhance the compensation. The petitioner filed EP No.68/2017 to execute the award. The first respondent admitted before the Execution Court that an amount of Rs.7,70,132/- was due to the petitioner and that a request was made to the Requisitioning Authority to pay the amount. As the commitment was not fulfilled, the petitioner put the State's property to sale. On 4.12.2019, the matter was referred to the Lok Adalath, Ernakulam. Before the Adalath, the respondents agreed to pay an amount of Rs. 8,32,318/- to the petitioner on or before 30.4.2020. Accordingly, Ext.P3 award dated 14.10.2019 was passed. Consequently, the execution petition was closed. However, the respondents did not comply with the undertaking which has caused severe prejudice and hardship to the petitioner. Hence, the respondents may be directed to pay the amount due under Ext P3.

(3.) Even though this Court by order dated 3.11.2020 had directed the learned Government Pleader to file a report, no report/counter affidavit has been filed.