Petitioner challenged land acquisition notices issued under the old Act regarding property allegedly subject to a previous stay order. Court found current proceedings follow the 2013 Regulation Act, rendering the earlier stay moot regarding 9.99 acres.
Writ petition closed as relief was infructuous; no direction for compliance with earlier order.
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 ANIL K.NARENDRAN
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942 WP(C).No.4443 OF 2015(E)
PETITIONER:
C.L. JOSEPH, AGED 57 YEARS, S/O.C.J. LUKA, CHIRAYIL HOUSE, KIZHAKKUMBAGAM KARA,ETTUMANOOR, KOTTAYAM.
BY ADV. SRI.R.VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR, KOTTAYAM, CIVIL STATION, KOTTAYAM-686 002.
3 THE SPECIAL TAHSILDAR, LAND ACQUISITION (G), MINI CIVIL STATION, BEHIND THIRUNAKARA TEMPLE, KOTTAYAM-686 002.
R1-R3 SMT K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the owner in possession of 37.40 Ares
of land in Re.survey Nos.185/2, 185/1-1 and 184/4 of Ettumanoor Village in Kottayam District covered by document No.4653/2006 dated 01.12.2006 of the Sub Registrar Office, Ettumanoor, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exts.P2 and P3 notices and for seeking suitable action against the 3rd respondent Special Tahsildar in flouting the direction contained in Ext.P1 judgment of this Court dated 29.10.2014 in W.P.(C) No.27392 of 2014.
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him from the property. I.A.No.2 of 2020 filed by the petitioner for deleting prayer (b) in I.A.No.1 of 2020 was allowed by the order dated 14.10.2020.
record. Paragraphs 1 to 3 of that statement read thus;
“1. Notice No.B1-951/2009 dated 09.10.2014 and Notice No.B1-951/2009 (LAC-59 NLA) dated 28.01.2015 were issued from this office before receiving the judgment in W.P.(C) No.27392/2014 of this Honourable Court. On receipt of the copy of the judgment, this office has dropped all procedures under Land Acquisition Act, 1894. As per G.O.(Rt) No.4362/2016/RD dated 18.10.2016 sanction was accorded for the acquisition of 9.99 Ares of land comprised in Ettumanoor and Peroor Villages for the construction of Pattithanam-Manarkadu Bye Pass Reach II under Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013. A true photocopy
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of the Government Order No.4362/2016/RD dated 18.10.2016 is produced herewith and marked Annexure R3(a) . An extent of 5.18 Ares in Sy.No.185/2 in Block 29 of Ettumanoor Village owned by the petitioner includes in the above acquisition land.
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produced herewith and marked as Annexure R3(d) . The same was also published in various places and in Deepika daily on 16.11.2019. Now action is being taken to prepare Basic Valuation Report and the same is in the final stage. Rehabilitation & Resettlement Package was also prepared and submitted to District Collector, for getting approval. Declaration under Section 19(1) of the above Act will published soon after receiving the approval of Rehabilitation & Resettlement Package. As the procedure for the acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is in progress, the petitioner approached this Honourable Court for delaying the procedure of Land Acquisition.”
the learned Senior Government Pleader appearing for the respondents.
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land comprised in Ettumanoor and Peroor Villages for the construction of Pattithanam-Manarkadu Bye pass Reach II is one under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pursuant to the sanction accorded by the 1st respondent State in Annexure R3(a) order dated 18.10.2016. Annexure R3(d) is the notification issued under Section 11(1) of the said Act, which is one dated 11.11.2019.
Therefore, this writ petition is closed, without prejudice to the legal right, if any, of the petitioner to challenge the land acquisition proceedings initiated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in appropriate proceedings.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE JUDGMENT IN W.P(C) 27392/2014 DATED 29.10.2014. EXHIBIT P2 PHOTOCOPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT INFORMING ABOUT THE PASSING OF THE AWARD. EXHIBIT P3 PHOTOCOPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DIRECTING TO VACATE THE PROPERTY AND TO HAND OVER POSSESSION. EXHIBIT P4 PHOTOCOPY OF THE CONTEMPT CASE NO.341/2015. EXHIBIT P5 PHOTOCOPY OF THE AFFIDAVIT DATED 16.03.2015. EXHIBIT P6 PHOTOCOPY OF THE LETTER DATED 30.09.2020.
RESPONDENTS' EXHIBITS:
ANNEXURE R3(A) A TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO.4362/2016/RD DATED 18.10.2016. ANNEXURE R3(B) A TRUE PHOTOCOPY OF THE NOTICE DATED 18.12.2018 ISSUED TO THE LAND OWNERS INCLUDING THE PETITIONER. ANNEXURE R3(C) A TRUE PHOTOCOPY OF THE ATTENDANCE OF MEETING DATED 05.01.2019. ANNEXURE R3(D) A TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION DATED 11.11.2019 UNDER SECTION 11(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
2 issues framed by the court
Whether the reliefs sought to quash notices for land acquisition under the Land Acquisition Act, 1894 remain operative when proceedings are initiated under the Right to Fair Compensation and Transpare
Whether the Court should direct compliance with a previous judgment in light of the change in the statutory acquisition regime.
C.L. Joseph
State of Kerala
District Collector, Kottayam
Special Tahsildar, Land Acquisition (G)
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
