G C D A Vs. M CHANDRASEKHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge rendered in OP No. 4417 of 1988, in which the appellant has been treated very generously by being granted time till 30th of June, 1989 to take definite steps for acquisition of the land belonging to respondents 1 and 2. Nearly an year and a half has elapsed after the expiry of the time granted by the learned single Judge and till this date no effective steps have been taken. When this matter was heard on the last occasion and we were about to proceed with the judgment, the learned Government Pleader thought that she could retrieve the situation by taking appropriate and concrete steps to persuade us to deal with the situation with some more leniency. The learned Government Pleader, on instructions, now submits that she is not in a position to make any statement about the State Government being in a position to provide necessary funds to enable the Greater Cochin Development Authority to proceed with the acquisition of the land in question within a reasonable period. Though the counsel for the appellant, Greater Cochin Development Authority, submits that it cannot do anything to give effect to the Scheme which they have put forward without funds being made available by the State Government and necessary steps taken by them in the required manner, it now being made known to us that the hopes of the appellant are not going to be fulfilled by the State Government the question of showing any further indulgence in this case does not arise.

(2.) However, it is necessary to clarify the legal position, so that the parties to the proceedings are not left with any doubt or confusion in regard to their rights. It is there fore necessary to refer to the relevant facts and the legal consequences flowing from the relevant statutory provisions.

(3.) The draft scheme prepared was sanctioned under S.12(3) of the Town Planning Act on the 13th of March, 1984. For giving effect to the said Scheme, the land of the respondents had to be acquired under the relevant statutory provisions. The Scheme was published in the Gazette on the 10th of July, 1985. Certain restrictions have been imposed on the rights of the owners of the land and buildings in the area affected by the Scheme, which came into force from the date of publication of the Scheme under S.12. The statutory obligations imposed are contained in S.16, which reads: