GEORGE JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the owner of a parcel of land in Kidangoor village. Portions of the petitioner's property are sought to be acquired for the construction of an approach road for a proposed new bridge. According to the petitioner, the acquisition of his land is not necessary for the project. His property has been included with malafide intentions, it is contended. It is contended that, pursuant to a notification under Section 4(1) of the Land Acquisition Act, 1894 ('the Act' for short), he had submitted his objections. An enquiry under Section 5A of the Act was conducted. However, no orders have been passed in the matter. The petitioner has therefore filed this writ petition seeking the issue of appropriate orders and directions to the respondents for the purpose of informing him as to what is the nature of the recommendation made by the Land Acquisition Officer on the basis of the enquiry conducted under Section 5A. It is contended that such information is necessary for the purpose of invoking his remedy under Section 15A of the Act.

(2.) ACCORDING to the learned Government Pleader, the hearing under Section 5A of the Act was conducted on 05.06.2013. However, no orders have been passed in the matter, till date. Since no orders have so far been passed, nothing prevents the petitioner from exercising his remedy under Section 15A of the Act. Since there is no provision requiring the recommendation of the Land Acquisition Officer to be intimated to the petitioner, it is contended that such a procedure is not followed in any case.

(3.) SECTION 5A of the Act reads as follows: