Petitioners in land acquisition proceedings challenged the deposit of compensation to court due to lack of title deeds, seeking reference under Section 30 of the Land Acquisition Act.
Petitioners directed to file an application seeking reference under Section 30 of the Land Acquisition Act within three months.
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 K.HARILAL
MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937
WP(C).No. 15553 of 2012 (T) ----------------------------
PETITIONER(S):
1. ST. PAULS ORTHODOX SYRIAN CHURCH, PALLOM, KOTTAYAM,REPRESENTED BY ITS TRUSTEE JOHN MATHEW,PARAKADAVILAYA THAKIDIYEL, PALLAM, KOTTAYAM.
2. FR.PAUL P.THOMAS, KOCHUPALAPARAPIL, VAKATHANAM, KOTTAYAM, VICAR ST.PAUL'S ORTHODOX SYRIAN CHURCH, PALLOM, KOTTAYAM.
3. JOHN MATHEW, PARAKADAVILAYA THAKIDIYEL, PALLOM, KOTTAYAM, TRUSTEE, ST.PAUL'S ORTHODOX CHURCH, PALLOM, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE
RESPONDENT(S): --------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURM-695001. 2. SPECIAL TAHSILDAR, LAND ACQUISITION (NH), CHANGANACHERRY, KOTTAYAM-686101.
R2 BY ADV. SRI.G.BIJU R1 BY GOVERNMENT PLEADER SRI.T.J.MICHAEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15553 of 2012 (T)
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS : NIL
OKB
True copy
P.A. to Judge
K.HARILAL, J.
W.P.(C) No.15553 of 2012
Dated this the 23rd day of November, 2015.
JUDGMENT
The first petitioner is a constituent Parish of Malankara Orthodox Syrian Church and the second and third petitioners are the Vicar and Trustee respectively, of the first petitioner church. Under the scheme for the development/widening of Muvattupuzha-Ettumanoor-Chengannur Road (State Highway) under the Kerala State Transport Project (KSTP) acquisition proceedings were initiated by the 2nd respondent and had passed award dated 19.4.2012 to the tune of Rs.2,82,487/- in respect of land in Re-. Sy.No.54/2-1 and Rs.3,64,470/- for land in ReSy.No.54/4-1. The Land Acquisition Officer directed the 2nd respondent to appear on 21.6.2002 to receive the amount with all documents mentioned therein. It was also specified that in the event of non appearance
WP(C).15553/12-T :2:
on that date, the amount will be kept in Revenue deposit. The petitioners had approached the 2nd respondent and informed the fact that the Church did not have a title deed or prior deed since the Church has been established about 250 years back. Though the name of the Church has been recorded as 'Thekke Yakobaya Suriyani Church', now the official name of the church is 'St.Paul's Orthodox Syrian Church'. Thus, the name of the church is also changed by the efflux of time. Aggrieved by non disbursement of the amount to the petitioners owing to the non production of documents specified in Ext.P5, the petitioners have made a representation to the Land Acquisition Officer requesting to disburse the amount. But, he has not taken any action on the said representation also. Thus, the petitioners are aggrieved by the deposit of huge amount due to them as court deposit under Section 30 of the Land Acquisition Act.
and the learned Government Pleader.
WP(C).15553/12-T :3:
in the course of proceedings under the Land Acquisition Act, notice was issued to the petitioners calling upon them to appear and to receive the amount due to them for the acquisition of the property which was under their possession on 21.6.2012. Even though they appeared before the Land Acquisition Officer, they have not produced any document to establish their title over the property as required under Ext.P5 notice and they made an assurance that the relevant documents will be produced in the course of proceedings. But, they have not produced any document to establish their title and now the amount stands as court deposit under Section 30 of the Land Acquisition Act.
WP(C).15553/12-T :4:
case that since the Church was established 250 years back, the relevant documents which would show the petitioners' title and possession over the property are not available in the custody of the Church. It is also admitted that now the name of the Church is also changed by the efflux of time.
WP(C).15553/12-T :5:
made within a reasonable time. Thus, as regards the delay in filing the application for reference under Section 30 is a matter left with the discretion of the authority concerned.
non disbursement of the amount as a right to make an application seeking reference under Section 30 to the Land Acquisition Officer. If the reference is not made so far, the petitioners shall file an application seeking reference under Section 30 before the Land Acquisition Officer within a period of three months from today and in that event the Land Acquisition Officer shall take a decision in accordance with Section 30 of the Land Acquisition Act, within a further period of two months from the date of application.
This writ petition is disposed of accordingly.
K. HARILAL, JUDGE
okb.
2 issues framed by the court
Whether the amount awarded for acquired land should be disbursed without a title deed.
Whether the petitioners are entitled to a reference under Section 30 of the Land Acquisition Act.
Colour shows how this judgement treated each authority
Meher Rusi Dalal v. Union of IndiaReferred¶43
Meher Rusi Dalal v. Union of India [2004 (2) KLT SN 78 (C.No.95)]
2 provisions across 1 enactments
ST. PAULS ORTHODOX SYRIAN CHURCH, PALLOM, KOTTAYAM
FR.PAUL P.THOMAS
JOHN MATHEW
STATE OF KERALA
SPECIAL TAHSILDAR, LAND ACQUISITION (NH), CHANGANACHERRY
K.HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
