A portion of the petitioner's land has been acquired for development of the road between Karamana-Kaliyikkavila. The petitioner complains that, he has not been paid the amount of compensation due to him. It is the further case of the petitioner that, all the other land owners, whose lands have been acquired, have been paid compensation. Though the petitioner was issued with notice under Section 9 (3) of the Land Acquisition Act, 1894 ('the Act' for short) on 24.04.2013, for the reason that the petitioner had not produced the original title deeds of his property, no award has been passed. It is also contended that, the District Collector had convened a meeting of the various land owners and the compensation amount has also been agreed upon by all. The petitioner alone has not been paid the amount till date. He therefore, seeks the issue of appropriate directions for being paid the compensation amount that is due to him.
2. The learned Government Pleader on instructions submits that, the compensation amount was not paid to the petitioner for the only reason that, he has not produced his original title deeds before the respondents. He has produced only certified copies thereof. According to the counsel for the petitioner, the original title deed has been lost. Therefore, the petitioner has produced a certified copy W.P.(C) No.32121 of 2014 2 thereof. He has also sworn to an affidavit stating the said facts. In addition, he has produced an encumbrance certificate for the last 15 years. He is ready to execute any further document that may be required for having the compensation amount disbursed.
3. Having heard the learned counsel appearing for the respective parties, I am satisfied that, the compensation amount due to the petitioner has to be paid, accepting the explanation for non production of the original title deed put forward by him. The respondents shall be at liberty to insist on the petitioner executing an indemnity bond indemnifying them from any adverse consequences that may follow by reason of the inability of the petitioner to produce the original title deed. Since all the other owners have been paid their compensation amount, there is no justification for denying the compensation amount to the petitioner alone.
In view of the above, this writ petition is disposed of directing the respondents to disburse to the petitioner, the compensation amount payable to him, provided he has satisfied all the other legal requirements, accepting the certified copy of his title deed and the affidavit, to be supported, if necessary by a proper bond indemnifying the authorities against any adverse consequences that may follow by reason of the inability of the petitioner to produce the original title deeds. The respondents shall also be at liberty to require the petitioner to produce any other further document for the purpose of W.P.(C) No.32121 of 2014 3 their satisfaction that, the petitioner is actually the owner of the property. The above proceedings shall be completed and award shall be passed in favour of the petitioner as expeditiously as possible and at any rate within a period of two months of the date of receipt of a copy of this judgment.
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K.SURENDRA MOHAN, JUDGE.
AV