LAWS(KER)-2012-12-263

PRINCIPAL ACCOUNTANT GENERAL Vs. STATE OF KERALA

Decided On December 19, 2012
PRINCIPAL ACCOUNTANT GENERAL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The writ appeal is filed by the petitioner in W.P.C.No.14138/2009, challenging the dismissal of the writ petition. The facts of the case disclose that the petitioner, an owner of property having an extent of 15 cents of land challenged Ext.P5 notification under Section 4(1) read with Section 17(4) of Land Acquisition Act 1894 (hereinafter referred to as 'the Act') proposing to acquire 13.20 cents of land for the purpose of having an alternate access to the Accountant General's office. The main contention was that there was no reason to dispense with the enquiry under Section 5A of the Act. He also indicated that the Accountant General's office does not require such an alternate access and if at all an alternate access is required, another area could be acquired.

(2.) The writ petition came to be dismissed on the objection raised by the Government stating that the Accountant General's office requires an alternate access since, on an earlier occasion, about 42 cents of land was acquired from the frontage of Accountant General's office for widening the road and during frequent blockades in front of Secretariat on account of Dharna and other processions by various organisations, an alternate access to another road was necessary. The learned Single Judge found that no interference could be made to the proceedings taken under the Act and therefore the writ petition was dismissed.

(3.) It is proposing an alternate road without acquiring the property of the petitioner and also impugning the action of the Government in invoking the urgency clause which, according to the appellant, is totally unnecessary the appeal is filed.