RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant's land (a small extent) situate on the side of "Municipal Office road", Thrissur, is under acquisition proceedings. The land is needed for providing a "bell mouth" at the end of the said road as well as for constructing a shopping complex for Thrissur Municipality ('Municipality' for short). Acquisition proceedings have been initiated at the instance of the Municipality. Ext. P7 is the notice issued under S.4 of the Land Acquisition Act, 1894 (for short 'the Act') and Ext. P9 is the declaration made by the Board of Revenue (on 27-9-88) under S.6(3) of the Act. Appellant filed Original Petition under Art.226 of the Constitution to quash Ext. P9 declaration. Learned single Judge dismissed the Original Petition. Hence he filed this appeal.

(2.) It was urged before the learned single Judge that construction of a shopping complex for the Municipality is not a public purpose and alternatively contended that no land on the eastern side of the road (where appellant's land is situate) is necessary for providing a "bell mouth". Both contentions were repelled by the learned single judge.

(3.) The contentions urged on behalf of the appellant in this appeal are that: (1) since the purpose of constructing a shopping complex is to accommodate some displaced traders, it is not a public purpose; (2) the proposal is malafide inasmuch as the Municipality can conveniently accommodate such displaced traders in another building owned by the Municipality and situated nearby; (3) Municipality does not seriously intend to provide any bell mouth since the rooms in the existing building (in the land sought to be acquired) would be rented out to other persons on higher rent.