Civil Appeal Nos. 6599 and 6600 of 2002. Case: 1. Manager, Matha Nagar School, 2. Greater Cochin Development Authority Vs 1. Greater Cochin Development Authority and Ors., 2. The Manager, Matha Nagar School and Ors.. Supreme Court (India)
| Case Number | Civil Appeal Nos. 6599 and 6600 of 2002 |
| Judges | R.V. Raveendran and P. Sathasivam, JJ. |
| Issue | Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 6(1) and 23(1A); Kerala Land Acquisition Act |
| Citation | AIR 2010 SC 106 , 2009 (9) SCALE 442 |
| Judgement Date | July 09, 2009 |
| Court | Supreme Court (India) |
Judgment:
R.V. Raveendran, J.
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C.A. No. 6599/2002 is filed by Matha Nagar School, Cochin, (for short 'the School') where the issue involved is the validity of a demand for Rs. 76,48,237/- by the Greater Cochin Development Authority (`GCDA' for short) towards the cost 50.44 Ares of of land delivered by GCDA to the school. C.A. No. 6600 of 2002 is filed by GCDA against the judgment dated 23.1.2001 passed by a Division Bench of the Kerala High Court allowing the writ petition (O.P. No. 8749 of 1995) filed by the Matha Nagar School and declaring that the acquisition notification dated 11.4.1987 issued by GCDA under Section 4 of the Land Acquisition Act and consequential proceedings including the award, are not binding on the 50.44 Ares of land allotted to the school by GCDA. As the two appeals have common issues and are inter-linked they are heard and disposed of by this common judgment.
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One T.V. Joseph was the owner of land bearing survey No. 330/1 (subsequently numbered as Sy. No. 330/4 of Elamkulam) measuring a little less than an hectare (97.91 Ares) adjoining the Matha Nagar Church and school. In view of the land use being freezed under the 'Elamkulam Road Scheme', he was finding it difficult to put the land to optimum use. He was also in urgent need of funds for his family needs. He therefore wrote a letter dated 4.8.1981 requesting the GCDA to purchase his land excluding the portion occupied by his residence and give him the market price therefor. GCDA on considering the said request made an order dated 11.12.1981 accepting the proposal and agreed to purchase the said land (which had been approximately valued at Rs. 2,59,975/-) and authorized its Special Tehsildar (LA) GCDA to take advance possession of the land and pay him Rs. 1,25,000 as advance on account. Accordingly possession was taken on 14.12.1981.
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The school which was functioning near the said land was in urgent need of additional land for its expansion. Therefore it requested GCDA to allot them an extent of one and quarter acre out of the said land. The GCDA Board considered the request and resolved on 28.2.1982 to transfer 1 acre 24.541 cents to the school. In pursuance of it, the Planning Committee of GCDA at its meeting on 17.12.1983 decided to sell the said extent of land to the school without any kind of development on the following conditions: (a) the possession of the land would be transferred on payment of a provisional sum subject to final determination of the value; (b) the sale deed would be executed only on payment of full consideration; (c) the provisional value of the land to be sold to the school was Rs. 8000 per Are for the dry land portion and Rs. 5000 per Are for the wet land portion; and (d) the School should pay an additional amount to be determined by GCDA subsequently as its profit. Thereafter, the Board of GCDA passed a resolution on 31.3.1984 approving the proposal by the Planning Committee to sell the said extent of land to the school. It directed that the provisional amount to be collected will be subject to final determination and the School should pay 50% of the land cost determined by LAO as additional amount. The School sent a letter dated 5.4.1984 to GCDA confirming that it was agreeable to pay the cost of acquisition plus 50%. In pursuance of the above, the GCDA sent a communication dated 17.4.1984 to the school informing that 1 acre 24.541 cents of land was allotted to it subject to a provisional payment of Rs. 310000, the actual value to be determined on completion of land acquisition proceedings. It was made clear that the sum of Rs. 3,10,000/- was not to be considered as the final land value and no sale deed will be executed until the land value was fixed and the full amount is paid. It was also informed that the decision of the Board fixing the sale price would be final and if the amount paid by the School, was not sufficient, it may recover the balance amount by having resort to revenue recovery proceedings. In pursuance of it, the school paid Rs. 3,10,000/- to GCDA on 7.5.1984 and took possession of the land, which was confirmed by issue of a possession certificate by GCDA on 9.5.1984.
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GCDA however did not finalize the full price payable to to T.V. Joseph. It is stated that though proceedings were initiated under the Kerala Land Acquisition Act (which contained special provision for award based on private agreement). GCDA did not proceed further in the matter. When matters stood thus, T.V. Joseph died, his legal representatives/successors (hereinafter referred to as the "land owners") started interfering with the possession of the School, apparently on the ground they had...
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