BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Managing Director of the Kerala State Film Development Corporation (4th respondent) applied before the Government for acquisition of land in portions of R. S.48/9 and 49/5 of Thrichambaram Desom in Taliparamba Town in Cannanore District measuring about 50 cents for the construction of a cinema theatre by the corporation. The representatives of the 4th respondent as well as the Land Acquisition Officer (third respondent) found this land to be most suitable for the purpose. Accordingly, a notification under S.3(1) of the Kerala Land Acquisition Act (for short 'the Act') was published in the Kerala Gazette dated 13-2-1979 calling upon persons interested to file objections within 30 days thereof. Under S.3 of the Act read with R.3 of the Kerala Land Acquisition Rules (for short 'the Rules') notice was issued on 26-2-1979. Petitioner and his brother who had purchased portions of these plots in 1977 are employed in Abudabi since a long time. The statutory notice intended for the petitioner was despatched by registered post to his foreign address and was received by him on 7-3-1979 (Ext. P1).Ext. P1 mentioned that a notification under S.3(1) of the Act has been published in the Gazette dated 13-2-1979 and he is required to file objection within 30 days of that date. The petitioner submitted objection before the third respondent and the same was received only on 2 4 1979, which was beyond 30 days of 13-2-1979. Consequently, the Land Acquisition Officer did not hear the petitioner or his counsel and dispensed with a further hearing under S.5(1) of the Act, proceeded to submit a report to the Collector which was in due course received by the Board of Revenue and the Board took a decision in favour of the acquisition and in due course, a declaration under S.6 of the Act was issued and published in the Gazette. According to the respondents, an award enquiry after due notice was held and award has also been made and published and the compensation money has been paid by the 4th respondent to the Land Acquisition Officer. The petitioner has filed this O. P. to quash Ext. P1 notice and all subsequent proceedings and for a writ of prohibition restraining the respondents from proceeding with the acquisition proceedings or taking possession of the land. It may be noticed that according to respondents possession also has been taken long ago.

(2.) There is no dispute that a notification as contemplated under S.3(1) of the Act was published in the gazette dated 13-2-1979 and individual notice under S.3(1) of the Act read with R.3 of the Rules was served on the petitioner at Abudabi on 7-3-1979. Under the provisions of the Act and the Rules as well as the notice he was required to prefer objection, if any, to the proposed acquisition within 30 days of the gazette publication namely, 13-2-1979. The objection preferred by him was actually received by the Land Acquisition Officer on 2-4-1979, that is beyond the time limited by the statute, the rules and the notice. According to learned counsel for the petitioner, the Land Acquisition Officer had a duty to hear the petitioner or his counsel and bold a further enquiry and at any rate, there is a denial of principles of natural justice involved in not hearing the petitioner and not considering his objections.

(3.) The broad scheme of the Act and the Rules may now be noticed. According to S.3 whenever it appears to the Government or the Collector that land in any locality in the State or within the jurisdiction of the Collector is needed or likely to be needed for any public purpose, a notification to that effect shall be published in the gazette or in two daily newspapers having wide circulation in the locality and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the locality. Thereupon the concerned officers or their servants and workmen have power to enter the land and take measurements, make marks and do other necessary acts. Sub-sec.(1) of S.5 states that any person interested in any land notified under S.3(1) may within 30 days after the publication of the notification, object to the acquisition Sub-sec 2 states that every such objection shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard either in person or by counsel and shall, after hearing all such objections and after making such further enquiry, if any, as he thinks necessary, make report or reports, as the case may be, to Government or to the Board of Revenue, as the case may be, containing his recommendations together with the record of proceedings held by him for their decision and the decision of the Government or the Board of Revenue shall be final. S.6 states that subject to the provisions of Part VII of the Act, Government or the Board of Revenue on being satisfied after consideration of the report under S.5(2) that any particular land is needed for public purpose, a declaration or declarations may be made to that effect and every such declaration shall be published in the gazette or in two daily newspapers having wide publication in the locality. S.7 contemplates a direction to the Collector to make order for acquisition of the land consequent to the declaration. Measurements and other details are provided under S.8. S.9 requires the Collector to give public notice of the intention of the Government to acquire the land and that claims of compensation may be made to him. S.9(3) requires the Collector to serve individual notices on the persons interested S.11 and 12 provide for enquiry and award by the Collector regarding the compensation amount and apportionment. S.18 deals with the power to take possession.