The respondents questioned the numberification by filing a writ petition on 10 8 1979 which was disposed of on 13 10 1980 upholding the fresh numberification.
The District Collector made an award on 21 8 1981 at Rs 1100 per cent and on 19 9 1981 the respondents filed an application under Section 20 for reference to the civil companyrt.
A declaration under Section 6 was published on 18 1 1981 and a numberice under Section 9 3 to make the award was served on the respondents pursuant to which the respondents laid claim at Rs 30,000 per cent for companypensation.
Since the reference was number made writ petition OP No.
1759 part and 1127 parts in Trivandrum for the housing scheme envisaged by the appellants.
The first party will accept without protest on their behalf value compensation at Rs 1100 Rupees eleven hundred only per cent inclusive of solatium and value for all structures and improvements on the property to be acquired and referred to in the schedule hereunder, will number dispute the declaration of companypensation awarded.
Entering into this agreement as it will be for his own benefit and he stands to gain by the implementation of the said agreement.
Pursuant thereto numberification under Section 3 1 of the Kerala Land Acquisition Act, 1961 Act 21 of 1962 for short the Act was published in the State Gazette acquiring 2.69.11 hectares in Survey Nos.
The respondent company had entered into an agreement on 30 5 1977 agreeing that first party respondent company is satisfied of their own will that on a companysideration of all relevant facts and circumstances and the prevailing companyditions Rs 1100 Rupees eleven hundred only per cent including all improvements situated on this land will be a fair value and proper price for the property.
704 of 1982, came to be filed on 26 1 1982 which as stated earlier was allowed by the High Court under the impugned judgment.
Possession of the land was taken on 1 2 1978 but since declaration under Section 6 was number published within two years from the date of publication of Section 3 1 numberification, on 12 6 1979 fresh numberification under Section 3 1 was published.
The Judgment of the Court was delivered by RAMASWAMY, J. The two appeals arise from the same judgment, the first one by the Housing Board and the second by the State, respondents before the Kerala High Court in OP No.
704 of 1982 dated 26 7 1989.
The second party Land Acquisition Collector is empowered to make an award at the rate of Rs II 00 Rupees eleven hundred only per cent inclusive of solatium and value for all structures and improvements in and upon the said land.
