ABDUL RASAK AND ORS. versus KERALA WATER AUTHORITY AND ORS.

Citation: [2002] 1 S.C.R. 615 · Decided: 25-01-2002 · Supreme Court of India · Bench: R.C. LAHOTI, BRIJESH KUMAR · Disposal: Disposed off
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Judgment (excerpt)

ABDUL RASAK AND ORS. 
A 
v. 
KERA LA WATER AUTHORITY AND ORS. 
JANUARY 25, 2002 
[R.C. LAHOTI AND BRIJESH KUMAR, JJ.] 
B 
Land Acquisition Act, 1894: 
Ss. 11, 18 and 50(2)-Award-Finality of-Local authority-Right to 
appeal-Right to be given notice by Collector and reference court of date on C 
which compensation is to be determined-Land acquired for Public Health 
Engineering Department of Government of Kera/a-Award made by Collector 
in June 1986-Reference to civil court-Award made by civil court between 
!989 and 1991-Meanwhile Government of Kera/a constituted Kera/a Water 
Authority which succeeded to Public Health Engineering Department-State D 
of Kera/a and Kera/a Water Authority filing appeals before High Court 
challenging the awards m_ade by civil court-Pending appeal judgment in 
U. P. A was Evam Vikas Paris had v. Gyan Devi* delivered by Supreme Court-
Accordingly, High Court held that proceedings before reference court stood 
vitiated for want of notice to Kera/a Water Authority and remanded the case 
to civil court for decision afresh after impleading K. W.A. as a party and E 
affording the parties an opportunity to adduce evidence-Held, on 20. l 0.1994, 
the date on which Supreme Court delivered judgment in Gyan Devi*, the 
matters relating to compensation had not achieved finality and had not stood 
finally concluded in as much as the same were pending in appeal before High 
Court and appeal is a continuation of original proceedings-So far as award F 
given by Collector is concerned that can be said to have become final before 
the date of decision in Gyan Devi; but not the award given by civil court on 
reference-As regards right of K. W.A to notice, a notice to it was mandatory 
and even if it was aware of the proceedings, it would not be q sufficient 
compliance of S. 50-High Court has not erred in remanding the case-
Further directions given regarding representing the parties by counsel and G 
examining and cross-examining the witnesses etc. before civil court-Notice. 
Appeal-Held, is a continuation of original proceedings. 
*U.P. Awas Evam Vikas Parishad v. Gyan Devi (Dead) By L.Rs. and 
Ors., (1995) 2 SCC 326, followed. 
615 
616 
SUPREME COURT REPORTS 
(2002] I S.C.R. 
A 
Agra Development Authority v. Special Land Acquisition Officer and 
Ors .. [2001) 2 SCC 646, relied on. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 704-726 
of 2002. 
B 
From the Judgment and Order dated 2 .11.99 of the Kerala High Court 
c 
in L.A.A. Nos. 20, 308, 307, 310, 510, 511, 512, 530, 22, 545, 546, 547, 602, 
701, 1104, 840, 920, 866, 1008, 312, 311/92 and 263of1991. 
WITH 
Civil Appeal No. 727/2000. 
T.L. Vishwanatha Iyer, Abbay Kumar, S.N. Jha and Subramonium 
Prasad for the Appellants. 
C.N. Sree Kumar and Ramesh Babu M.R. for the Respondent. 
D 
The following Order of the Court was delivered : 
Leave granted. 
Under Notification dated 19.07.1981, issued under Section 4 of Land 
Acquisition Act, 1894, the State of Kerala acquired land for the benefit of 
E Public Health Engineering Department of the State Government. On 
27 .08.1982, possession was taken over the acquired land. Sometime in June, 
1983 a declaration under Section 6 of the Land Acquisition Act was made. 
The Collector (Land Acquisition) initiated proceedings for assessing the 
amount of compensation payable and made an Award on 15th June, 1986. 
F The claimants sought for a reference to the Civil Court seeking enhancement 
in the quantum of compensation which was made. These reference applications 
came to be decided by different awards made by the Civil Court between 
1989 and 1991. 
With effect from 1st April, 1984, the State of Kerala, through an 
G executive order, constituted Kerala Water Authority (K. W.A., for short) as a 
statutory Corporation. The Kerala water Supply and Sewerage Act, 1986 
(Act No. 14 of 1986), which was given a retrospective operation with effect 
from !st day of March, 1984 declared Kerala Water Authority to have been 
constituted under the Act. 
H 
The State of Kerala and Kerala Water Authority preferred appeals, 
ABDUL RASAK v. KERALA WATER AUTHORITY 
617 
laying ch1tllenge to the several awards made by the Civil Court and for A 
enhancing the amount of compensation. During the pendency of appeals 
before the High Court, came the Constitution Bench decision of this Court in 
UP. Awas Evam Vikas Parishad v. Gyan Devi (Dead) By L.Rs. and Ors., 
[1995] 2 sec 326, wherein it was held that the company for whose benefit
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