A.K. Patnaik, J. - (1.) Leave granted.
(2.) Civil Appeal arising out of S.L.P. (C) No. 10580 of 2006 is against the judgment dated 28.02.2006 in Writ Appeal No. 1760 of 2004 of the Division Bench of the Kerala High Court. Civil Appeal arising out of S.L.P. (C) No. 21478 of 2008 is against the order dated 13.06.2008 in Writ Appeal No. 1968 of 2007 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No. 1760 of 2004. Civil Appeal arising out of S.L.P. (C) No. 21817 of 2008 is against the order 13.06.2008 in Writ Appeal No. 1940 of 2008 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No. 1760 of 2004. These three appeals are being disposed of by this common order as common questions of fact and law arise in the appeals.
(3.) The facts very briefly are that in the years 1984 and 1985 land was acquired for allotment of plots under the Chevayur Housing Scheme and the Nellikode Housing Scheme respectively undertaken by the Kerala State Housing Board (for short the Board). The landowners did not accept the compensation offered for the acquired land and sought a reference to the Civil Court under Section 18 of the Land Acquisition Act, 1894. While the dispute in regard to quantum of compensation was pending, the Board entered into agreements of sale with various allottees of the plots of land during the years 1988-1990 and made a provision therein that the Board shall be entitled to re-fix the final price of the property agreed to be sold to the allottees taking into account inter alia the enhanced compensation awarded by the Courts and Tribunals and that the decision of the Board in fixing the revised price of the property shall be conclusive and final. It was also expressly agreed in the agreements of sale that after finalization of the price of the property agreed to be sold by the Board, the allottee shall pay to the Board together with interest at the rate of 15% per annum, the difference between the tentative price fixed and the price finally fixed for the property by the Board within thirty days of the date of a registered notice demanding the payment thereof or in such quarterly installments over a period not exceeding two years to be determined by the Board. After the reference cases were finalized and disposed of in the year 1997, the Board deposited the enhanced compensation with interest, but did not promptly serve the demand notices on the allottees for payment of the difference between the tentative price and the final price with interest and it was only in the year 1999 that the Board served the notices on the allottees to pay the said difference with interest at the rate of 15% per annum.;