ANNAMMA CHACKO Vs. TIRUVALLA MUNICIPALITY

JUDGEMENT

(1.) The lands in dispute are admittedly included in the detailed town planning scheme for the development of the Central area of the Thiruvalla Municipal town. That this scheme was approved by the Municipal Council only after considering the objections and suggestions made by the persons who would be affected by the scheme is beyond dispute. The Municipal Council thereafter submitted the scheme to the Government for sanction. The said approved scheme was published in newspapers, enabling the public to raise objections or to make suggestions to the Government. The Government after considering the objections filed by affected persons, ultimately sanctioned a modified scheme and the same was published in the Gazette in February 1987 as is seen from G.O. Ms. 42/87/ LAD Dt. 11-2-87. A reference in this connection to the following averments in the counter affidavit filed on behalf of respondents 2 to 5 is advantageous.

(2.) The above sanction was granted under Section 12(6) of the Town Planning Act, 1108 (Travancore). As observed by the Supreme Court in State of Kerala v. T. M. Peter 1980 Ker LT 402 : (AIR 1980 SC 1438) "S.12(6) imparts finality to the scheme and this virtually corresponds to the declaration under S. 6 of the Land Acquisition Act". The following further observations of the Supreme Court are also relevant in this context :-

(3.) From what is stated above it can be inferred without fear of contradiction that to implement a town planning Scheme it is unnecessary to start the land acquisition proceedings again by publishing the Notification under Section 4 of the Land Acquisition Act. The authority, to acquire the land involved in the scheme, can proceed with the acquisition as if the declaration under Section 6 of the Land Acquisition Act is already made.