Ashok Bhushan, C.J.

The only question to be decided in this Original Petition is as to whether the petitioner is entitled for compensation for the improvements made on the land, given as Kuthakapattom lease to his late father, which land has been resumed by the State Government on 04.08.1997. Against the judgment dated 06.12.2007 passed by this Court in Review Petitions and Original Petition, the State Government filed a Special Leave Petition. The Supreme Court vide its judgment and order dated 06.08.2014 disposed the Civil Appeal Nos.5355 – 5357 of 2009 by setting aside the order of the High Court and remitting the matter to the High Court for reconsideration of the issue whether the 1st respondent (The petitioner in this O.P.) is entitled for compensation on account of the improvements made on the land.

2. Before we proceed to consider the issues it is necessary to note the relevant facts which emerge from the pleadings of the parties. Reference of various earlier proceedings undertaken in respect of the land also need to be noted. Kuthakapattom lease of 94 Acres of land in Survey No.745/1 of Thingal Karikkakom village and 3.32 Acres in Survey No.86/1 of Chithara Village was granted to petitioner's father Thangalkunju Musaliyar in the year 1944 under the scheme "Grow More Food". The trees which were standing on the land were cut on 01.01.1948 by the Government Authorities from the leased area and the trees and firewood were collected and put to auction by notice dated 04.10.1948 on 01.11.1948. The Lessee made considerable improvements in the property including planting of rubber trees during the period 1962-63. The father of the petitioner died in the year 1966 and thereafter the petitioner came into possession and enjoyment of the property as the legal heir. Under the Kerala Land Reforms Act, 1963 proceedings were undertaken against the petitioner to the effect that the petitioner had to surrender 101.88 Acres, including the 94 Acres held as Kuthakappattam lease treating it as excess land. The petitioner resisted it and contended that the property has to be exempted being rubber plantation prior to 01.04.1964. The Taluk Land Board upheld the plea of the petitioner holding that there is no excess land. The State filed CRP No.2180/1978 in the High Court against the decision of the Taluk Land Board, which CRP was dismissed by the High Court on 05.12.1980. SLP(C) No.2833 of 1981 filed by the State before the Supreme Court was also dismissed on 09.08.1982.

3. In the mean time in the year 1971 the Village Officer booked Land Conservancy Case No.35/1971 alleging illegal occupation by the petitioner. Notice under Rule 9 of the Kerala Land Conservancy Rules was served on the petitioner. The petitioner appeared and filed written objection. The Tahsildar imposed a fine of Rs.25/- and Prohibitory assessment amounting to Rs.470/-. It was stated that since the Pattam has been received up to 1971-72, the prohibitory assessment for the relevant period alone would be realised. The petitioner filed Land Conservancy Appeal No.2222/1973 which was dismissed by the Revenue Divisional Officer by order dated 30.04.1973.

4. Petitioner filed revision before the Board of Revenue. The Board of Revenue stayed the eviction proceedings vide its order dated 07.05.1973. Subsequently the Board of Revenue by order dated 24.09.1973 intimated the petitioner that the revision is to be filed before the District Collector, Kollam. Petitioner submitted a revision petition on 03.11.1973 before the District Collector. The revision petition was heard by the District Collector who vide order dated 26.02.1974 confirmed the position declared by Revenue Divisional Officer. Petitioner approached the Government and obtained stay on 06.05.1974. The Stay order granted by the State Government was vacated on 31.08.1989. After the State Government vacated the Stay