PATHUMMA Vs. TAHSILDAR L A BADAGARA

JUDGEMENT

(1.) An important question of law touching the scope and applicability of R.3 of the Kerala Land Acquisition Rules, 1963 (the Rules), on which this Court appears to have had no occasion to deliberate, arises for decision in this writ petition. R.3 of the Rules lays down as follows:

(2.) A conjoint reading of S.3 and R.3 quoted above, would indicate that the requirement in the process of acquisition is the publication of a notification in the gazette to the effect that the land in question was needed or was likely to be needed for a public purpose; and secondly, the Collector would cause public notice of the substance of such notification; and in the public notice to be issued by the Collector he would require all persons interested in the land to lodge before the Collector within 30 days after the issue of the notification a statement in writing of their objections, if any, to the proposed acquisition; and this notice is required to be published at convenient places in the locality, and the copies thereof should be fixed up in the office of the Collector, Taluk Tahsildar and the Village Officer. The important question that falls for decision is whether, because R.3 enjoins or the principles of natural justice demand, service of notice of the proposal for acquisition of the land personally or individually on all persons interested in the land is a mandatory requirement, violation of which would vitiate the proceedings.

(3.) Sri. Siby Mathew, the counsel for the petitioners, submitted that the intendment of the legislature in making the provisions contained in S.3 and R.3 is to give adequate opportunity to all persons interested in the land to lodge before the Collector their objections, if any, to the proposed acquisition; and if the provisions contained in the said section and the rule are construed in such a narrow way as to enable the Land Acquisition Officer to dispense with the service of notice direct on all the persons interested in the land, that would result in grave miscarriage of justice, as there is every likelihood of the land being acquired without the persons interested in the land getting an opportunity of being heard.