ABDUL SALAM Vs. SUB REGISTRAR,CHAVARA

JUDGEMENT

(1.) THE petitioners are owners of certain extent of land in Panmana Village, Karunagappally Taluk of Kollam District. This is a case where the Government of India has issued a notification under Section 3A of the National Highways Act to acquire certain properties in the locality for widening of National Highway-47 from Ochira to Kadampattukulam and the petitioners' properties are also included therein. The notification under Section 3D of the Act is yet to be published. In the meanwhile, the petitioners want to sell the properties. The petitioners contend that the first respondent is refusing to register the document, since the properties are involved in the acquisition proceedings.

(2.) LEARNED Standing Counsel for the fourth respondent, National Highway Authority of India, has filed a statement. It is clear from the said statement also that the notification under Section 3A has been issued and further actions with regard to the survey before the publication of the notification under Section 3D is in progress and the said notification will be published by January, 2013. It is also stated that Ext.P2 will show that the petitioners have applied for the possession certificate for obtaining a loan from the District Co-operative Bank and not for the purpose of sale of the properties. It is also mentioned that the petitioners have not shown the details of the properties to be sold and the market value and other details and the petitioners' attempt is to create a document showing an inflated market value after the date of Section 3A(1) notification for claiming huge compensation for the acquired land, which will cause heavy loss of public money.

(3.) LEARNED Standing Counsel for the fourth respondent submitted that the attempt of the petitioners may be to create a document showing inflated market value.