TOMY P C Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD the learned senior counsel for the petitioners and the learned Government Pleader appearing for the respondents.

(2.) PETITIONERS are impugning Ext.P1 notification issued under Section 4(1) of the Land Acquisition Act (in short 'the Act') to the extent urgency clause under Section 17(4) of the Act is invoked. Pleadings in the writ petition show that by Ext.P6 requisition made by the additional 4th respondent, they sought acquisition of the properties of the petitioners, for the purpose of providing an entrance to the Angamaly bus depot of the KSRTC. Government, by Ext.P5 dated 9.3.2011, granted administrative sanction for the acquisition in question and the District Collector by Ext.P7 order dated 22.3.2011, authorized the 3rd respondent to carry out the land acquisition work. Subsequently, by Ext.P8 proceedings dated 5.8.2011, the Land Revenue Commissioner accorded sanction for invoking the urgency clause and to dispense with the enquiry as provided under Section 5A of the Act. It was accordingly that Ext.P1 notification was issued and published in the newspapers, invoking the urgency clause under Section 17(4) of the Act. In pursuance to Ext.P1, Ext.P2 notice under Rule 7(2) of the Kerala Land Acquisition Rules was also issued. It is at that stage this writ petition is filed.

(3.) A counter affidavit has been filed by the 3rd respondent, as also an additional affidavit. Apart from justifying the acquisition in question, the 3rd respondent is also attempting to justify the invocation of the power under Section 17(4) of the Act. According to the 3rd respondent, the bus stand has become a reality and the bus stand is situated in a place where there is traffic congestion and consequent accidents. It is stated that in order to ease the traffic congestion and to prevent future accidents, it is necessary to provide an additional access to the bus stand in question. It is contended that it was therefore, that the property is notified for acquisition and that considering the urgency of the situation, power under Section 17(4) of the Act has been invoked.