TALIPARAMBA PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition was beard by a Full Bench and disposed of by judgment dated 5tb October 1972. It was held that the land acquisition proceedings which had been set afoot, had not been validly withdrawn by the issuance of a notification as required by S.52(1) of the Kerala Land Acquisition Act read with R.7 of the Rules. The Government was therefore directed to proceed with the land acquisition until the same is duly terminated by a notification of withdrawal or otherwise. Review Petition No. 91 of 1972 was then filed by Respondents 3, 5 and 6, pointing out that there was in fact a notification dated 19th August 1969 (produced as Ext. R1 with the review petition) issued under S.52(1) of the Act, by which the Government withdrew from the land acquisition proceedings. The review petition was allowed. This writ petition has accordingly come on for rehearing.

(2.) The facts are briefly these: About 80 cents in R. S. No. 52/3-B of Taliparamba amsom, was notified for acquisition under S.3 of the Kerala Land Acquisition Act, by publication made in the Gazette dated 31-8-1965 (copy Ext. P1). The acquisition was in pursuance of a requisition by the Taliparamba Panchayat for the construction of a bus stand. The building and the improvements on the plot notified for acquisition, were inspected and valued at Rs. 2,898.79. Objections to the proposed acquisition were filed by the 3rd Respondent under S.5 of the Act. Enquiry was held on 6-11-1965, and report to the Board of Revenue was submitted on 16-2-1966. The S.6 declaration was approved on 24-5-1966, and published in the Gazette dated 14-7-1966. At that stage, O. P. No. 2878 of 1966 was filed by the 3rd respondent. It was dismissed on 20-1-1967 on a representation that the petitioner therein had filed a representation to the Government ;for cancellation of the land acquisition proceedings. This was directed to be disposed of. The said representation dated 18-1-1967 was dismissed on 7-8-1967. The 3rd respondent then filed a petition to the then Revenue Divisional Officer to exclude his five cents of land from the scheme of acquisition. This, it is said, was opposed by respondents 3 to 7. Thereafter, it was heard that the land acquisition proceedings had been dropped. Ext. P13 dated 18-4-1969 is a copy of the Government Order dropping the proceedings, and Ext. R1 filed with the review petition, is the notification itself, withdrawing the land acquisition.

(3.) The only ground now urged to quash the withdrawal from the land acquisition and to direct the Government to proceed with the same, is that the withdrawal was directed without the Government applying its mind to the question at all, and was actuated by irrelevant and improper considerations. The reason stated in Ext. P 13 is that the owner of R. S. No. 52/3-B is willing to acquire his entire land excluding the five cents and the building thereon for the purpose of the bus stand, and that the Panchayat will have to pay a large amount by way of compensation if the five cents and the building thereon is acquired. It was noted that the Government had advised the Panchayat to exclude the five cents and take acquisition for the rest of the land, but that the Panchayat was unwilling to do so. It was in these circumstances that the land acquisition proceedings were directed to be dropped.