VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners were in possession of 7. 60 Ares of land in Re. Sy. No. 37 of Block No. 172 of Kollam Village. THE property as above is situated adjacent to NH47. Petitioners submit that they had proposed intention for building a shopping complex and though the plan had been submitted to the corporation in 1993, the project had to be abandoned since they were advised that the Authority had a master plan on their sleeves. THE land with a high commercial potential was remaining unproductive.

(2.) BY S. 4 (1) notification dated 25. 5. 2000, under Land acquisition Act a portion of the properties had been earmarked for acquisition and later has been taken over. The petitioner has produced a rough sketch of his holdings as Ext. P1. It shows that entire road frontage had been divested for a public purpose. It is proposed for a bug bay, and the rest of his holding skirts the taken over portion, at its entire length.

(3.) THE Writ Petition has been filed pointing out that the municipal Corporation as also the Kollam Development Authority, who are the 3rd and 4th respondents herein had been unreasonable in dealing with the issue and the blockage to the properties on permanent basis would never have been practiced or even proposed, and the steps are arbitrary. THEir right to life ensured under Art. 21 of the Constitution are thereby violated.