K PADMADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in the original petition is the appellant. The original petition was one filed under Art.226 of the Constitution to quash the proceedings initiated by the third respondent, at the instance of the Nayarambalam Panchayat, the 4th respondent, for acquisition of 0.3520 hectares of land belonging to the appellant in Sy. No.255/1 of Nayarambalam Village, Kochi Taluk. The writ petition was filed when the Board of Revenue passed the proceedings Ext. P11 on 30-4-1990 approving the draft declaration under S.6 of the (Central) Land Acquisition Act, 1894, after holding that the objections to the acquisition raised by the petitioner were not maintainable and that the acquisition was for a bona fide public purpose.

(2.) The facts as culled out from the original petition and the counter affidavits filed on behalf of respondents 1 to 3, and respondent No.4, may now be stated. The land in question belonged to the petitioner's father S. Krishnan. In the year 1981, the President of the Panchayat made a request to Krishnan by his letter Ext. P1 requesting him to sell the land to the Panchayat as it was required for the purpose of a mini stadium. Petitioner's father replied on 30th July, 1981 stating that he had a scheme for starting a medical centre with bed facilities for the benefit of the poor and that therefore the Panchayat should not insist on the land being sold for the purpose mentioned in Ext. P1. The Panchayat then moved the Government for acquisition of the land. The preliminary notification under S.3(1) of the Kerala Land Acquisition Act, 1962 (which was then in force) was published in the Kerala gazette dated 17-7-1984 followed by a declaration under S.6 dated 23-2-1985 published in the Kerala Gazette dated 16-3-1985. The matter was not pursued further because of lack of funds with the Panchayat. The proceedings therefore lapsed.

(3.) The Panchayat made another proposal for acquisition in the year 1988, pursuant to which a notification under S.4(1) of the (Central) Land Acquisition Act 1894, (the Central Act) (which had by then been extended to this State) was published in the Kerala Times daily dated 15-3-1989, Mathrubhumi daily dated 23-3-1989, and the Kerala Gazette dated 2-5-1989. The public notice envisaged by the section was given in the locality between 16-5-1989 and 28-6-1989. A true copy of the notification is Ext. P3 and the purpose mentioned was construction of a play ground and an open air theatre.