The High Court disposed of two Writ Petitions challenging land acquisition proceedings. The Court held that since the Supreme Court set aside prior judgments and the Government dropped the medical college project, no further orders were required.
No further proceedings necessary; the writ petitions are closed/disposed of.
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 VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
WP(C) NO. 35254 OF 2014
PETITIONER:
M/S.NTPC LIMITED,
RAJIV GANDHI COMBINED CYCLE POWER PROJECT, CHOOLATHERUVU-690 506, REPRESENTED BY ITS ADDITIONAL GENERAL MANAGER (HR).
BY ADVS. SRI.K.ANAND (SR.) SRI.JOSEPH SEBASTIAN PARACKAL SMT.LATHA KRISHNAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695 001.
3 THE DISTRICT COLLECTOR, ALAPPUZHA-688 001.
4 THE SPECIAL TAHSILDAR, LAND ACQUISITION(LA)GENERAL, ALAPPUZHA.
OTHER PRESENT:
SRI.ARUN AJAY SHANKAR
THIS WRIT PETITION (CIVIL) ALONG WITH W.P.(C) NO.1222 OF 2015 HAVING BEEN FINALLY HEARD ON 07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
WP(C) NO. 1222 OF 2015
PETITIONER:
M/S. NTPC LIMITED, RAJIV GANDHI COMBINED CYCLE POWER PROJECT, CHOOLATHERUVU - 690 506, REPRESENTED BY ITS ADDITIONAL GENERAL MANAGER (HR)
BY ADVS. SRI.K.ANAND (SR.) SRI.JOSEPH SEBASTIAN PARACKAL SMT.LATHA KRISHNAN SRI.M.N.RADHAKRISHNA MENON
RESPONDENTS:
THIS WRIT PETITION (CIVIL) ALONG WITH W.P.(C)NO.35254 OF 2014 HAVING BEEN FINALLY HEARD ON 07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1222 OF 2015
VIJU ABRAHAM, J.
..................................... W.P.(Civil). Nos.35254 of 2014 and 1222 of 2015
.................................................................................... Dated this the 7th day of October, 2021
JUDGMENT
These Writ Petitions are filed challenging the proceedings initiated by the Government for the acquisition of land which is in possession of the petitioner for setting up of a medical college. When steps were initiated by the government to acquire the said land, the petitioner approached this court earlier by filing W.P. (C).No.15583 of 2013 which was dismissed as per Ext P2 Judgment
and the appeal filed against the same as W.A.No.1936 of 2013 was also dismissed by this court vide Ext. P3 Judgment. Challenging Ext. P3 judgment, the petitioner approached the Hon’ble Apex Court filing S.L.P No.30693 of 2014. It is the contention of the petitioner that while the matter is pending consideration before the Apex Court, no further proceedings for acquisition of the land should have been initiated by the Government.
WP(C) NO. 1222 OF 2015
WP(C) NO. 1222 OF 2015
W.P.(C). No.35254 of 2014 and the same is accordingly closed.
As Writ Petition No.1222 of 2015 is already disposed of by the Apex Court as per order dated 5-9-2017 in T.P.(C)No.245 of 2015, no further orders are required in the same.
Sd/-
VIJU ABRAHAM, JUDGE
pm
WP(C) NO. 1222 OF 2015
APPENDIX OF WP(C) 35254/2014
PETITIONER'S EXHIBITS
EXHIBIT-P1 : COPY OF THE GOVERNMENT ORDER NO.GO(RT)NO.3140/13/RD DTD.31.5.2013.
EXHIBIT-P2 : COPY OF THE JUDGMENT IN WPC NO.15583/2013 OF HIGH COURT OF KERALA.
EXHIBIT-P3 : COPY OF THE JUDGMENT IN WA NO.1936/2013 OF HIGH COURT OF KERALA.
EXHIBIT-P4 : COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP NO.30693 OF 2014.
EXHIBIT-P5 : COPY OF NOTIFICATION DTD.2.1.2014.
EXHIBIT-P6 : COPY OF THE OBJECTION DTD.11.1.2014 BEFORE THE SPECIAL TAHSILDAR(LA), ALLEPPEY.
EXHIBIT-P7 : COPY OF THE ADDITIONAL OBJECTIONS DTD.15.1.2014, FILED BEFORE THE SPECIAL TAHSILDAR(LA), ALLEPPEY.
EXHIBIT-P8 : COPY OF THE ORDER OF THE LAND REVENUE COMMISSIONER, DTD.23.10.2014.
EXHIBIT-P9 : COPY OF THE NOTICE U/S.9(3) DTD.5.11.2014 ISSUED BY THE SPECIAL TAHSILDAR(LA), ALLEPPEY.
EXHIBIT-P10 : COPY OF THE LETTER DTD.16.12.2014.
EXHIBIT-P11 : COPY OF REVIEW PETITION.
RESPONDENTS' EXHIBITS: NIL
WP(C) NO. 1222 OF 2015
APPENDIX OF WP(C) 1222/2015
PETITIONER'S EXHIBITS:
EXHIBIT P1- TURE COPY OF GAZETTE NOTIFICATION DATED 11.10.89
EXHIBIT P2- TRUE COPY OF DECLARATION UNDER THE LAND ACQUISITION ACT DATED 22.8.1990
EXHIBIT P3- TRUE COPY OF GOVERNMENT ORDER NO.GO(RT) NO.3140/13/RD DATED 31.5.2013
EXHIBIT P4- TRUE COPY OF SEC.4(1) NOTIFICATION DATED 2.1.2014
EXHIBIT P5- TRUE COPY OF THE OBJECTION DATED 11.1.2014 BEFORE THE SPECIAL TAHSILDAR (LA), ALLEPPEY
EXHIBIT P6- TRUE COPY OF DECLARATION DATED 23.10.2014
EXHIBIT P7- TRUE COPY OF THE ORDER OF THE LAND REVENUE COMMISSIONER DATED 23.10.2014
EXHIBIT P8- TRUE COPY OF CIRCULAR DATED 6.4.2011
EXHIBIT P9- TRUE COPY OF LETTER DATED 16.8.2013
EXHIBIT P10- TRUE COPY OF BOARD RESOLUTION DATED 27.9.2010
EXHIBIT P11- TRUE COPY OF ORDER OF 4TH RESPONDENT
EXHIBIT P12- TRUE COPY OF THE ORDER DATED 2.1.2014
RESPONDENTS EXHIBITS: NIL
1 issue framed by the court
Whether to allow or dismiss the challenge to the proceedings initiated by the Government for the acquisition of land given that the Medic College project has been dropped.
1 provisions across 1 enactments
M/s. NTPC Limited
State of Kerala
The Secretary, Revenue Department
The District Collector, Alappuzha
The Special Tahsildar, Land Acquisition General
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
