BEEMA KANNU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioners seeking intervention of this Court to direct the respondent to deposit the amount due as per the award in LAR Nos.159 of 2007 and 256 of 2007 on the file of Second Additional Sub Court, Thiruvananthapuram under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioners are the claimants in LAR Nos.356 of 2007 and 159 of 2007 respectively. Certain lands belonged to the petitioners have been acquired by the Government for establishment of K.S.R.T.C bus stand at Enchakkal, Thiruvananthapuram and as regards the property of the first petitioner, land acquisition officer has fixed the land value at the rate of Rs.49,030/- per are as against the claim of Rs.5 lakhs per cent by the claimant and dissatisfied with the amount, he filed petition under the Land Acquisition Act for referring the matter to court for adjudication and accordingly it was referred to the reference court where it was numbered as LAR No.356 of 2007 and the reference court has enhanced the land value at the rate of Rs.13 lakhs per are. This was challenged by the State by filing LAA No.366 of 2011 before this Court and this Court, as per Ext.P1 judgment dated29.07.2013 the award passed by the reference court was modified and and land value was re-fixed at the rate of Rs.12,36,000/- per are. As regards the second petitioner's property is concerned, since he was not satisfied with the award passed by the land acquisition officer, the matter was referred to reference court and it was numbered as LAR No.159 of 2007 and the reference court had re-fixed the market value of the property at Rs.17,00,000/- per are. This was challenged by the State by filing LAA No.479 of 2013 before this Court and this Court by Ext.P2 judgment re-fixed the market value at the rate of Rs.12,36,000/- per are. Since the respondent did not pay the amount, the petitioners filed E.P No.111 of 2011 in LAR No.356 of 2007 and E.P No.76 of 2013 in LAR No.159 of 2007 for executing the award evidenced by Ext.P3 and P4 respectively. Thereafter the execution petitions were referred to lok adalath held on 12.12.2015 organized by the District Legal Service Authority, Thiruvananthapuram and in the adalath, the matter has been settled and in LAR No.356 of 2007 as per Ext.P5 award the amount was quantified as Rs.2.25 Crores payable within five months and if it is not paid within that time, it will carry 15% interest on the amount agreed. In respect of LAR No.159 of 2007 as per Ext.P6 award, the amount was quantified as Rs.2.80 Crores with the same conditions as mentioned in Ext.P6. Though the petitioners approached the legal service authority on 02.02.2016 by filing Ext.P7, no effective steps have been taken by the respondents to deposit the amount. The District Legal Service Authority gave Ext.P8 order stating that since there is default clause, they can execute the award in accordance with law. Though Ext.P9 representation was given, the amount was not deposited. It is seen from Ext.P11 that an amount of Rs.22,50,00,000/- has already been sanctioned by the Government for satisfying the award in LAR Nos.290 of 2010, 356 of 2007 and 159 of 2007 and as per the orders of the Lok Ayuktha in LAR No.290 of 2010 interest was calculated up to 31.05.2015 and deposited 50% of that amount. Balance amount is only Rs.6 Crores with them. If that amount is permitted to be adjusted for depositing the balance amount due in the other two LARs the cases can be disposed of. So they wanted to sanction for using the balance amount of Rs.6 Crores for satisfying the other two LARs as well. But in spite of that, according to the petitioners, the amount has not been paid. So they have no other remedy except to approach this Court seeking the following reliefs:

(3.) The 2nd respondent filed a statement, which reads as follows: