JOSEPHINA DAVIAS Vs. THRISSUR EXPRESSWAY LIMITED

JUDGEMENT

(1.) THE present appellants are third parties. They were not parties before the learned Single Judge. Though they filed Review Petition, it came to be rejected. Aggrieved by the same, they approached this Court in this appeal.

(2.) ACCORDING to the learned counsel for the appellants, though the acquisition notification came as long back as in 2005 and amounts came to be paid only in 2011, therefore, there is no justification in continuing the proceedings and acquisition proceedings have to be quashed as there is delay in taking a decision to implement the project for which the lands were acquired as the authorities failed to implement the same within the reasonable time.

(3.) EVEN otherwise, whether appellants are dispossessed or not or they are in possession of kychits only is a question of fact which cannot be gone into by this Court so far as non-implementation results in quashing of the proceedings. It is well settled that whether the entire project has to be taken into consideration to consider whether there is implementation of the Scheme as such and if a portion of the properties where the scheme could not be implemented, the Court have to seek reason for non-implementation. Therefore, with reference to each project, substantial implementation of the Scheme has to be worked out. In that view of the matter, we are afraid no relief could be granted to the appellant in this appeal. Accordingly, the appeal is dismissed.