The High Court held that land acquisition proceedings under the Land Acquisition Act, 1894 lapsed due to violation of time limits and lack of funds by the requisitioning authority. The court disposed of the writ petition and noted future acquisitions would require the 2013 Act.
The writ petition is disposed of. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937
WP(C).No. 11940 of 2011 (N)
PETITIONER:
JOSE JOSEPH, AGED 43 YEARS, S/O.P.C.JOSEPH, PERUMPALLIL HOUSE AMPARA NIRAPPEL P.O., REP.BY P.C.JOSEPH, AGED 82 YEARS PERUMPALLIL (H), AMPARA NIRAPPEL P.O . KOTTAYAM DISTRICT.
BY ADV. SRI.JOSE THOMAS (PALA)
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY (REVENUE) SECRETARIAT TRIVANDRUM, PIN 695001.
2. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE COMMISSIONER, PUBLIC OFFICE BUILDING MUSEUM VIEW P.O., THIRUVANANTHAPURAM, PIN 695033.
3. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN 686001.
4. THE LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, PALA P.O. KOTTAYAM DISTRICT, PIN 686575.
5. PALA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PALA P.O., PALA PIN 686575.
R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN R5 BY ADVS. SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 11940 of 2011 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
WP(C).No. 11940 of 2011 (N)
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 11940 OF 2011
Dated this the 25th day of June, 2015
JUDGMENT
The proceedings under the Land Acquisition Act, 1894 have obviously lapsed. This is because the time limit prescribed under Sections 6 and 11A of the Land Acquisition Act, 1894 have not been adhered to. Moreover the requisitioning authority - Pala Municipalityhas not provided the requisite fund. It is made clear that any further acquisition can only be under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The writ petition is disposed of. No costs.
V. CHITAMBARESH JUDGE
DCS
2 issues framed by the court
Whether the proceedings under the Land Acquisition Act, 1894 have lapsed due to non-adherence to time limits and lack of funds.
Whether the impugned acquisition proceedings should be disposed of given the lapse of time.
2 provisions across 2 enactments
Jose Joseph
State of Kerala
Commissioner of Land Revenue
District Collector
Land Acquisition Officer
Pala Municipality
V. Chitambares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
