TaxTMI 
TaxTMI 
2002 (1) TMI 1347
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....983, 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. 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. 3. With effect from 1st April, 1984, the State of Kerala, through an 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....
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....leaded as a party in those proceedings wherein it can defend the determination of the amount of compensation by the Collector and oppose enhancement of the said amount and also adduce evidence in that regard; in the event of enhancement of amount of compensation by the reference court if the Government does not file any appeal, the local authority can file an appeal against the award in the High Court after obtaining leave of the Court. The Constitution Bench, however, added a rider to its judgment that the law laid down by it would not have the effect of re-opening the matters which stand finally concluded. 5. It cannot be doubted that on 20th October, 1994, the date on which the Constitution Bench delivered its judgment, the matters rela....
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.... canvassed by the learned senior counsel for the appellants. K.W.A. came into existence as a statutory Corporation on 1st April, 1984. It may be said to have succeeded to the liability incurred by the State Government so far as the quantum of compensation awarded by the Collector is concerned but so far as the enhancement in the quantum of compensation is concerned, it will be a liability of the K.W.A. incurred by it after its coming into existence and, therefore, to the extent of enhancement, the Authority was certainly entitled to notice and right to participate in the proceedings before the reference court leading to enhancement of compensation. 8. Learned counsel for the claimant-appellants also submitted that Superintending Engineer o....
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....rt for the evidence of such witnesses being excluded from consideration because their statements were not recorded in the presence of the Authority. He further submitted that in the peculiar facts and circumstances of these cases, when the Authority has succeeded to the State Government (Public Health Engineering Department), and the cases are being remitted to Civil Court for no fault of claimants, some protection deserves to be given to the claimants for protecting them from any likely injustice. We find merit in the submission so made. 11. Keeping in view the fact that the Constitution Bench judgment of this Court was delivered during the pendency of appeals before the High Court and the manner in which K.W.A. also came to be constitute....