Sudha Gupta vs The Special Tahsildar (La) General on 30 March, 2026

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    Kerala High Court

    Sudha Gupta vs The Special Tahsildar (La) General on 30 March, 2026

    O.P.(C) No.2658 of 2019            1                  2026:KER:28438
    
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                     PRESENT
    
                      THE HONOURABLE MR. JUSTICE EASWARAN S.
    
             MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
    
    
                              OP(C) NO. 2658 OF 2019
    
             AGAINST L.A.R. NO.34 OF 2014 OF REFERENCE COURT (SUB COURT)
    
    ERNAKULAM
    
    APPELLANTS :
    
         1       SUDHA GUPTA,
                 AGED 66 YEARS
                 W/O.LATE A.J.GUPTA, SUDHA NIVAS,
                 UDAYA NAGAR, KATHRIKKADAVU JUNCTION,
                 KADAVANTHRA ROAD, KALOOR, ERNAKULAM.
    
         2       PANKAJ GUPTA,
                 AGED 45 YEARS
                 S/O.LATE J.P.GUPTA, UDAYA NAGAR,
                 KATHRIKKADAVU JUNCTION, KADAVANTHRA ROAD,
                 KALOOR, ERNAKULAM.
    
         3       MANOJ GUPTA,
                 AGED 44 YEARS
                 S/O.LATE J.P.GUPTA, UDAYA NAGAR,
                 KATHRIKKADAVU JUNCTION, KADAVANTHRA ROAD,
                 KALOOR, ERNAKULAM.
    
         4       GAURAV GUPTA,
                 AGED 40 YEARS
                 S/O.LATE J.P.GUPTA, UDAYA NAGAR,
                 KATHRIKKADAVU JUNCTION, KADAVANTHRA ROAD,
                 KALOOR, ERNAKULAM.
    
                 BY ADVS. SHRI.T.R.S.KUMAR
                 SMT.DEENA JOSEPH
                 SHRI.FRANCIS ASSISI
    
    RESPONDENTS/RESPONDENTS :
    
         1       THE SPECIAL TAHSILDAR (LA) GENERAL,
                 NH3, VYTTILA -682 019.
     O.P.(C) No.2658 of 2019           2                    2026:KER:28438
    
         2       KOCHI METRO RAIL LTD.,
                 REP. BY ITS MANAGING DIRECTOR,
                 8TH FLOOR, REVENUE TOWERS,
                 PARK AVENUE, KOCHI - 682 011.
    
         3       MATHEW V.FRANCIS,
                 VALLANATTU HOUSE, ST.FRANCIS XAVIER ROAD,
                 KALOOR -682 017.
    
         4       MURALEEDHARAN,
                 AGED 50 YEARS, S/O.LATE V.NARAYANAN NAIR,
                 MURALI NIVAS, KADAMPUR P.O.,
                 KANNUR - 670 601.
    
    
                 R1 BY ADV.SRI.K DENNY DEVASSY, SR.GP
                 R2 BY ADV.SRI.MANU VYASAN PETER
                 R3 BY ADV.SRI.VARGHESE K.PAUL
                 R4 BY ADVS.SRI.GEORGE POONTHOTTAM (SR.)
                            SMT.NISHA GEORGE
                            SRI.DISHARTH R. WARRIER
                 SRI.PHILIP T.VARGHESE
                 SRI.PETER KURIAN
                 SHRI.P.B.KRISHNAN (SR.)
                 SRI.P.B.SUBRAMANYAN
                 SRI.SABU GEORGE
    
          THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2026, THE
    COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     O.P.(C) No.2658 of 2019             3                    2026:KER:28438
    
    
                               EASWARAN S., J.
                             -----------------------------
                           O.P.(C) No.2658 of 2019
                         -------------------------------------
                    Dated this the 30th day of March, 2026
    
                                  JUDGMENT
    

    Petitioners in this Original Petition (Civil) challenge Ext.P7, the

    order passed by the reference court on an application, I.A. No.2858 of

    SPONSORED

    2019 in L.A.R. No.34 of 2014. The said application is filed by the

    petitioners to return the reference to the Land Acquisition Officer for

    redetermination of the compensation in terms of the provisions under the

    Right to Fair Compensation and Transparency in Land Acquisition,

    Rehabilitation and Resettlement Act, 2013 (for short, ‘Act 30 of 2013’).

    2. An extent of 2.75 cents of land is the subject matter of Section

    4(1) notification dated 15.6.2011. A declaration under Section 6(1) of the

    erstwhile Land Acquisition Act was approved by notification dated

    21.1.2012 and published in the Kerala Gazette (Extra Ordinary) on

    23.1.2012, and the award was passed on 29.11.2013. It appears that

    possession was taken on 12.7.2013, invoking the urgency clause under

    Section 17 of the Land Acquisition Act, 1894. It is stated that 80% of the

    compensation amount was disbursed to the claimants on 26.7.2013, and

    the balance was deposited in the court on 20.12.2023 in the form of
    O.P.(C) No.2658 of 2019 4 2026:KER:28438

    cheque, and the amount was credited to the court account on 31.12.2013.

    This was primarily due to the reason that there was a dispute between the

    various claimants regarding the proportion under which they are entitled

    to receive compensation. The Land Acquisition Officer immediately on

    deposit of the amounts sought an adjudication of the disputes under

    Section 31(2) of the erstwhile Land Acquisition Act. In the meantime, the

    claimants also instituted an application seeking higher compensation

    under Section 18 of the Land Acquisition Act. The Land Acquisition

    Reference Court answered the reference under Section 31(2) by judgment

    dated 5.6.2015. In the meantime, the petitioners had filed an application

    for enhancement of the compensation under Section 18 of the Land

    Acquisition Act. During the pendency of the reference, the petitioners

    herein filed I.A. No.2858 of 2019 for returning the reference to the Land

    Acquisition Officer for redetermination of the compensation under the

    proviso to Section 24. The prayer for returning the reference to the Land

    Acquisition Officer was objected to by the State as well as the

    requisitioning authority. The reference court took up the application and

    found that the amount of Rs.83,69,873/- was forwarded to the court being

    the compensation amount after deducting the income tax and that the

    proviso to Section 24 is not attracted to the facts of their case and
    O.P.(C) No.2658 of 2019 5 2026:KER:28438

    accordingly refused to accept the plea that the reference should be

    returned to the Land Acquisition Officer for a fresh consideration.

    Accordingly, Ext.P7 order was passed rejecting the request.

    3. Heard Sri. T.R.S Kumar, the learned counsel appearing for the

    petitioners, Sri. K. Denny Devassy, the learned Senior Government

    Pleader, Sri. Sreegesh, the learned counsel appearing for the 2nd

    respondent, Sri. Varghese K. Paul, the learned counsel appearing for the

    3rd respondent and Smt. Nisha George, represented by Sri. Sidharth R.

    Warrier, the learned counsel appearing for the 4th respondent.

    4. Sri. T.R.S Kumar, the learned counsel appearing for the

    petitioners, relied on the decision of the Constitution Bench of the

    Supreme Court in Indore Development Authority v. Manoharlal

    and Others [2020 (8) SCC 129] :[AIR 2020 SC 1496] and contended that

    the words ‘paid’ and ‘deposited’ have a huge difference. The principle laid

    down by the Supreme Court for lapsation of the acquisition proceedings

    under the old Act squarely applies to the present proceedings as well. It is

    further pointed out that the word ‘paid’ used under Section 24(2) does not

    include within its meaning the word ‘deposited’, which has been used in

    the proviso to Section 24(2), and therefore it is pointed out that the mere

    deposit by the Land Acquisition Officer on 20.12.2013 is not sufficient. He
    O.P.(C) No.2658 of 2019 6 2026:KER:28438

    further pointed out that since the amounts were paid into the account of

    the petitioners after 1.1.2014, the reference court ought to have returned

    the reference for fresh adjudication in terms of the new Act.

    5. Per contra Sri. K. Denny Devassy, the learned Senior Government

    Pleader appearing on behalf of the State supported the findings rendered

    by the courts below and pointed out that the details of deposits in respect

    of the Land Acquisition Proceedings are made available before this Court

    through a memo dated 1.4.2025, wherein the 1st respondent has

    specifically made it clear that 80% of the compensation was disbursed to

    the claimants on 26.7.2013, the balance was deposited in the court on

    20.12.2023 in the form of cheque and the amount was credited to the court

    account on 31.12.2013 since there was a dispute between the petitioners

    and the other claimants as regards the proportion under which the

    amounts are to be received.

    6. Sri. Sreegesh, the learned counsel appearing for the 2nd

    respondent/requisitioning authority, would point out that the deposit

    under Section 31(2) was necessitated because of the refusal of the

    claimants to receive compensation determined by the Collector under

    Section 31 of the Land Acquisition Act. Referring to paragraph No.226 of

    the decision of the Supreme Court in Indore Development Authority
    O.P.(C) No.2658 of 2019 7 2026:KER:28438

    (Supra), the learned counsel pointed out that the benefit of the proviso

    cannot be attracted in a case where the landowner does not accept the

    amount, but seeks reference for a higher compensation. He further

    pointed out that if there was no dispute among the landowners with regard

    to the proportion under which the amounts are to be received, then the

    individual landowners have certainly received the amounts much prior to

    the cut-off date i.e., 1.1.2014. Therefore, it is pointed out that the order

    passed by the reference court is perfectly correct.

    7. Sri. Varghese K. Paul and Sri. Sidhardh R. Warrier, the learned

    counsel appearing for respondents 3 and 4 respectively, would also

    support the submissions raised on behalf of the requisitioning authority

    and would submit that the intention of the petitioners is only to delay the

    ultimate decision of the court. It is further pointed out that the

    respondents 3 and 4 have filed separate claims under Section 18 for

    seeking higher compensation, which is kept pending because of the

    present original petition.

    8. I have considered the submissions raised across the Bar and also

    perused the impugned order.

    9. Proviso to Section 24 of The Right to Fair Compensation and

    Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
    O.P.(C) No.2658 of 2019 8 2026:KER:28438

    2013 reads as under:

    24. Land acquisition process under Act No.1 of 1894 shall be
    deemed to have lapsed in certain cases.

    (1) xxxxx
    Provided that where an award has been made and compensation in respect
    of a majority of land holdings has not been deposited in the account of the
    beneficiaries, then, all beneficiaries specified in the notification for
    acquisition under section 4 of the said Land Acquisition Act, shall be
    entitled to compensation in accordance with the provisions of this Act.

    10. The question to be considered by this Court is whether the

    interpretation placed by the Supreme Court on the words ‘paid’ and

    ‘deposited’ would apply with equal force for the determination of

    compensation in terms of the new Act. The argument of the petitioners is

    that though the proceedings of land acquisition may not lapse, still the

    entitlement of the petitioners to claim a higher amount in terms of the new

    Act cannot be obliterated by the act of the State in making the deposit

    under Section 31(2), the day before the coming into force of the Act, that

    is 1.1.2014.

    11. The records of the proceedings indicate that the award was

    passed on 29.11.2013 and that the cheque for the compensation was

    granted on 20.12.2013. From the memo dated 1.4.2025, it is further clear

    that 80% of the compensation was disbursed to the claimants on

    26.7.2013, the balance was deposited in the court on 20.12.2023 in the
    O.P.(C) No.2658 of 2019 9 2026:KER:28438

    form of a cheque, and the amount was credited to the court account on

    31.12.2013. It is in this context that the provisions of Sections 31(1) and

    31(2) of the erstwhile Land Acquisition Act, 1984 have to be construed by

    this Court.

    12. Section 31(1) of the Land Acquisition Act, 1894 reads as follows:

    31. Payment of compensation or deposit of the same in Court
    (1) On making an award under section 11, the Collector shall tender
    payment of the compensation awarded by him to the persons interested
    entitled thereto according to the award and shall pay it to them unless
    prevented by some one or more of the contingencies mentioned in the
    next sub-section.

    13. It must be noted that, if in fact, there was no dispute among the

    claimants, then immediately on the passing of the award and

    determination of the compensation, the amount so determined by the

    Land Acquisition Officer would have been received by the claimants

    subject to their right to claim a higher compensation in terms of Section

    18 of the Land Acquisition Act, 1894. If that be so, proviso to Section 24 of

    the new Act will not get attracted.

    14. In the present case, however, an inter se dispute arose as regards

    the claimants 2 to 5 and claimants 1 and 6, on the other hand. The

    claimants 2 to 5 are the petitioners herein who contend that since they

    have received compensation only after the determination of the reference
    O.P.(C) No.2658 of 2019 10 2026:KER:28438

    under Section 31(2), the entire proceedings should be redone by Land

    Acquisition Officer under the new Act, and the amount should be

    determined in terms of the new Act.

    15. This Court is unable to subscribe to the aforesaid contention for

    multiple reasons. The reference under Section 31(2) itself was

    necessitated because of the dispute between the parties. In such

    circumstances, this Court is of the view that the benefit of the proviso

    cannot be applied to a case where the landowners have refused to accept

    the compensation.

    16. In Indore Development Authority v. Manoharlal and

    Others [2020 (8) SCC 129], the Supreme Court considered the true

    purport of the word ‘paid’ and ‘deposited’ occurring in Section 24 of the

    Act, Para 226 reads as under:

    226. Thus, in our opinion, the word “paid” used in Section 24(2) does not
    include within its meaning the word “deposited”, which has been used in
    the proviso to Section 24(2). Section 31 of the Act of 1894, deals with the
    deposit as envisaged in Section 31(2) on being ‘prevented’ from making
    the payment even if the amount has been deposited in the treasury under
    the Rules framed under Section 55 or under the Standing Orders, that
    would carry the interest as envisaged under Section 34, but acquisition
    would not lapse on such deposit being made in the treasury. In case the
    amount has been tendered and the landowner has refused to receive it,
    it cannot be said that the liability arising from non-payment of the
    amount is that of lapse of acquisition. Interest would follow in such a
    O.P.(C) No.2658 of 2019 11 2026:KER:28438

    case also due to non-deposit of the amount. Equally, when the
    landowner does not accept the amount, but seeks a reference for higher
    compensation, there can be no question of such individual stating that
    he was not paid the amount (he was determined to be entitled to by the
    collector). In such case, the landowner would be entitled to the
    compensation determined by the Reference court.

    17. In the present case, the petitioners have admittedly received 80%

    of the compensation deposited by the Land Acquisition Officer. Having

    received the amount, it is not open for the petitioners to seek for

    redetermination of the compensation under the new Act. Even if this

    court were to assume that the principles laid down in Indoor

    Development Authority (Supra) will apply, even then it is difficult to

    accept the proposition canvassed by the petitioners, especially since there

    was a conscious refusal on the part of them to receive the compensation

    determined by the Land Acquisition officer. Hence, the reference court is

    perfectly justified in rejecting the request of the petitioners for returning

    the reference to the Land Acquisition Officer for a fresh consideration in

    terms of Act 30 of 2013.

    Resultantly, the original petition is found to be devoid of merit, and

    accordingly, the same fails and is dismissed.

    Sd/-

                                                            EASWARAN S.
    NS                                                        JUDGE
     O.P.(C) No.2658 of 2019              12                     2026:KER:28438
    
                        APPENDIX OF OP(C) NO. 2658 OF 2019
    
    RESPONDENT EXHIBITS
    
    EXHIBIT R1(A)             TRUE COPY OF THE CERTIFICATE PRODUCED IN WHICH
                              GRANTED THE COMPENSATION IN LAR 67/13(LAC
                              38/11) DATED 30.12.2013
    EXHIBIT R1(B)             TRUE COPY OF THE CERTIFICATE PRODUCED IN WHICH
    

    THE INCOME TAX DEDUCTION IN H/A 8658-00-112-TDS
    DATED 20.12.2013
    PETITIONER EXHIBITS

    EXHIBIT P1 TRUE COPY OF THE REFERENCE FILE DATED
    29/11/2013 SUBMITTED BY THE 1ST RESPONDENT
    UNDER SECTION 19.

    EXHIBIT P2 TRUE COPY OF 4(1) NOTIFICATION PUBLISHED IN
    KERALA GAZETTE DATED 20/05/2011.

    EXHIBIT P3 TRUE COPY OF CLAIM THE STATEMENT DATED
    11/12/2017.

    EXHIBIT P4 TRUE COPY OF I.A.NO.2859/2019 IN LAR 34/2014
    DATED 18/09/2019 TO APPOINT THE BUILDING
    VALUER.

    EXHIBIT P5 TRUE COPY OF THE I.A. NO.2859/2019 IN LAR
    34/2014 DATED 18.9.2019 TO RETURN THE REFERENCE
    FILE

    EXHIBIT P6 TRUE COPY OF OBJECTION FILED BY THE 3RD
    RESPONDENT DATED 28.2.2018.

    EXHIBIT P7 TRUE COPY OF ORDER DATED 24/09/2019 BY THE
    HON’BLE REFERENCE COURT.



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