BHANUMATHY CHANDRAVALLY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner owned 32 Ares of property in Survey No.512/8 (Re-Survey No.512/1, Block No.4) of Melthonnakkal Village. By G.O.(Ms.)No.25/2005/ITD dated 19.12.2005, the 1 st respondent accorded sanction for acquisition of 732 Acres of land in various Survey numbers of Pallipuram, Andoorkkonam, Veiloor and Melthonnakkal villages, for setting up 'Technocity - Phase IV development of Technopark'. By Ext.P1 Government order dated 21.02.2006, the 1st respondent issued revised administrative sanction for the acquisition of land for the said purpose, limiting the total extent to 507 Acres, invoking urgency clause under Section 17 of the Land Acquisition Act, 1894. The land owned by the petitioner in Re-Survey No.512/1 Block No.4 of Melthonnakkal Village was also included in 507 Acres covered by Ext.P1 order. The District Collector, Thiruvananthapuram, convened the meeting of the District Level Purchase Committee. The land value recommended by the District Level Purchase Committee was approved by the State Level Empowered Committee in its meeting held on 26.11.2009. The 1st respondent by Ext.P2 Government order dated 31.12.2009 approved the price of 245.89 acres of land in all the categories of land in Andoorkonam, Melthonnakkal, Veiloor and Pallipuram villages, as per the Annexure to that order.

(2.) The 2nd respondent Special Tahsildar issued Ext.P3 notice of taking possession in LAC No.279/09 dated 08.04.2010, whereby the petitioner was informed that the Government acquired her property having an extent of 23.50 Ares in Re-Survey No.512/1 Block No.4 of Melthonnakkal Village as per notification in Extra Ordinary Gazette No.1002 dated 01.06.2007 and she should be present at the site, vacate and deliver possession of the property on 22.04.2010 at 10.00 am to the Revenue Inspector in the office of the 2nd respondent Special Tahsildar. According to the petitioner, she received no such notice, and actually no possession of her property was taken by the Government. The 2 nd respondent passed an award for the acquisition of the petitioner's property and issued an award for Rs.16,68,683/- and she was required to appear, either in person or by an authorised agent, before the 2 nd respondent on 26.04.2010 and receive the award amount.

(3.) The petitioner received compensation under protest, on 18.05.2010, and filed reference application under Section 18 of the Land Acquisition Act, which has been referred to the Sub Court Attingal. Relying on Ext.P5 and P5(a) photographs, the petitioner would contend that after acquisition the land in question is lying unutilised for the public purpose. The petitioner has filed this writ petition under Article 226 of the constitution of India seeking a writ of certiorari to quash Ext.P1 notification dated 21.02.2006 and Ext.P4 award dated 27.01.2010, holding that since the property has not been taken possession 5 years prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on 01.01.2014, the entire proceedings are lapsed. The petitioner has also sought for a writ of mandamus commanding the respondents to surrender the land as per Ext.P4 award to her, after receiving the award amount in Rs.16,68,683/- with interest at the bank rate, as the property is not required for public purpose as notified by Ext.P1 notification.