RUBINA SAJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The Works of Defence Act, 1903, empowers the Central Government to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence, by issuing a declaration to that effect under the sanction of Sec. 3(1) to it.

(2.) Once a declaration as afore is made, it is further enjoined by Sec. 3(2) of the said Act, to have it published in the official Gazette and the District Collector is, thereupon obliged to cause a public notice of the substance of the same in the "locality" in the manner stipulated therein. Once the publication of such notice is completed, Sec. 7 of the Act provides that the restrictions, as enumerated therein, will attach with reference to the lands covered by the declaration of the Central Government.

(3.) The relevance of the afore preface to this case will become apparent after I record the essential facts involved.