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TMI Blog2020 (10) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... teral agreement executed by the writ petitioners in favour of the District Collector and paid the compensation in terms of that agreement and secured possession of the land accordingly, the District Collector cannot turn around and attack the agreement stating that the District Collector is not bound by unilateral agreement executed by the writ petitioners. Admittedly, it is an essential condition of the agreement that while re-determining the value of the land surrendered by the writ petitioners under the provisions of the Act, 2013 and the Rules framed thereunder, the petitioners are entitled to get further compensation or package offered by the Government over and above the compensation already fixed and further that they would be eligible to receive the same. If there was no intention to act upon that part of the agreement, the District Collector should not have accepted the agreement in toto. Having not done so, the District Collector is not at liberty to resile from the said essential term of the agreements. Above all, the requisitioning authority is the Corporation of Kochi and at the end of the day further compensation if any to be paid, the financial sufferer is the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act, 2013' for short). Thereupon, it was directed that Exts.P12 and P13 applications submitted by the writ petitioners seeking reference shall be taken up by the appellants and treating the sale deeds as awards, appropriate orders shall be passed thereon in terms of Section 64 of the Act, 2013 within three months from the date of receipt of a copy of the judgment. 2. Shorn of unnecessary details, material facts for the disposal of the appeal are as follows: The writ petitioners, who are respondents in the appeal are brothers, are owners of certain extent of properties by virtue of Exhibits P1 and P2 settlement deeds situated in Survey Nos. 168/1 and 168/5 of Elamkulam Village. According to the writ petitioners, it was acquired for the development of Pullepady-Thammanam road, a link road connecting the Ernakulam town with the outskirts of the Kochi city. According to the writ petitioners, the land in question formed part of a large extent of property secured by the petitioners as per Exts.P1 and P2 settlement deeds and the properties were lying as a compact plot. It is als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directing the District Collector to consider the reference application, since Exts.P10 and P11 agreements are unilateral agreements executed by the writ petitioners in favour of the District Collector Ernakulam which would has no binding force, insofar as the terms and conditions of the agreement is concerned. It is also pointed out that the compensation was fixed as per the basic evaluation report, which is fixed in accordance with the Act, 2003. Therefore, the sum and substance of the contention advanced is that there is no entitlement for enhanced compensation and therefore, there is no requirement to consider the applications submitted by the petitioners seeking reference under Section 64 of the Act, 2013. It is also submitted that as per Annexure A1 revised basic evaluation report, 10% solatium and 12% additional land value was granted to the writ petitioners and therefore, they are not entitled to make any claims in terms of the provisions of the Act, 2013. 5. The appellants are also relying upon Annexure A3 judgment of a learned single Judge in W.P.(C) No. 22779 of 2016 dated 03.08.2016, filed by the 1st respondent herein, whereby the question of deduction of tax at sour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so states that the date for determination of market value shall be the date on which the notification has been issued under section 11 of the Act, 2013 i.e., the publication of preliminary notification by the appropriate Government. 9. Apart from the above, various provisions are made in respect of the determination of the land value. Section 27 deals with determination of amount of compensation and it is specified that the Collector, having determined the market value of the land to be acquired, shall calculate the total amount of compensation to be paid to the land owner, whose land has been acquired, by including all assets attached to the land. Section 28 deals with the parameters to be considered by the Collector in determining the land value. Section 29 delineates the manner in which the value of things attached to land or building to be determined and Section 30 deals with award of solatium. Section 30 is relevant to the context, which reads thus: 30.Award of solatium (1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a 'Solatium,' amount equivalent to one hundred per cent of the compensation amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, 2013 and the Rules framed thereunder, the petitioners are entitled to get further compensation or package offered by the Government over and above the compensation already fixed and further that they would be eligible to receive the same. If there was no intention to act upon that part of the agreement, the District Collector should not have accepted the agreement in toto. Having not done so, the District Collector is not at liberty to resile from the said essential term of the agreements. Above all, the requisitioning authority is the Corporation of Kochi and at the end of the day further compensation if any to be paid, the financial sufferer is the said Corporation and accordingly, looking from that angle, the appellants cannot be strictly termed as aggrieved persons. 11. Now, we come to Section 64 of the Act, 2013 dealing with 'reference to authority', which specifies that any person interested, who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o, we do not find any force in the said contention also. 14. Moreover, the issue of purchase of land in terms of the agreement was considered by a Division Bench of this Court in Kochi Metro Rail Limited v. Shanavas and others in W.A. No. 2158 of 2017 and has rendered a judgment dated 13.12.2017, whereby it was held as follows at paragraphs 16 to 21: 19. Sections 26 to 30 of the new Act deal with the procedure for determining the compensation. Here, after negotiations, the parties have consensually fixed the sale consideration and entered into a transaction of sale. The sale is yet to be completed, though. On the strength of agreement, the Company paid substantial consideration and possessed the lands. The project has been completed, too. 20. Under these circumstances, it serves the interest of both the parties if we reckon the sale consideration under the agreements of sale as the amount awarded in the first instance by the primary authority or the Land Acquisition Authority. Therefore, the sale consideration must be the deemed award for the landowners to seek enhancement under section 64 of the new Act. 21. That accepted, it is open for the landowners to apply ..... X X X X Extracts X X X X X X X X Extracts X X X X
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