J RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in the writ appeals and the petitioners in the writ petitions are tenants of the respective buildings in their occupation. The issues raised in these proceedings are in relation to the acquisition of property for widening of the MG Road, Thiruvananthapuram from the Over Bridge Junction to East Fort. Several buildings are situated in the place where the land is sought to be acquired and part of the buildings were also sought to be acquired by the notification issued under Section 4(1) of the Land Acquisition Act, 1894. Once the notification was issued, the owners of the respective buildings exercised their option under Section 49 of the Act for acquisition of the entire buildings.

(2.) It was at that stage the writ petitions leading to WA No.1762/97 and the other two writ petitions were filed by the tenants. In so far as OP No.10776/97 which led to the filing of WA No.1762/97 is concerned, the Original Petition was dismissed by judgment dated 28th of August, 1997 where a learned Single Judge of this Court held that if the owner of a property exercise his statutory right under Section 49(1) of the Act, the tenant has no right to object to the option exercised.

(3.) In so far as OP No.15091/97 which led to the filing of WA No.1827/97 is concerned, the petitioner therein is the owner of a building who exercised his option under Section 49 of the Act. Orders were not passed on the application and therefore he filed the OP. The case was disposed of by judgment dated 11th of September,1997 directing the land acquisition officer to pass orders on Ext.P3 application of the owner of the building. It is that judgment, which is challenged by the tenant in WA No.1827/97.