NTPC LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal raises a substantial question of law for consideration, i.e., whether a land once acquired under the Land Acquisition Act, 1894 for the benefit of a requisitioning body can be again made subject of acquisition for the benefit of another requisitioning body The Writ Appeal has been filed against the judgment dated 4.12.2013 passed by the learned Single Judge in W.P(C).No.15583 of 2013 by which judgment, the Writ Petition filed by the petitioner/appellant has been dismissed. Facts giving rise to the Writ Appeal are:

(2.) The appellant, NTPC Limited is one of the leading Public Sector Undertaking of the Government of India, the largest power producer in the country. The State of Kerala for establishing thermal power station at Kayamkulam, acquired land for the NTPC Limited during the peroid 1989-1993. The appellant's case is that State had acquired land to the extent of 108.02 hectares for establishing thermal power station at Kayamkulam, whereas according to the State of Kerala the total extent of land acquired for the appellant was 447.74 hectares. Out of the land acquired by the State of Kerala, more than 164.80.70 hectares of land has been kept unutilised. The Government of Kerala has decided to start new Medical Colleges in various districts, including the District of Alleppey. Necessary funds were also provided in the 2011- 2012 Budget. A meeting was convened by the Chief Minister of the State on 6.12.2011, in which Chairman and Managing Director and other officers of the NTPC Limited were present. The State of Kerala, for establishing a Medical College at Alleppey, required land to an extent of 25 acres. In the meeting the NTPC Limited expressed its willingness to part with 25 acres of land which had been earlier acquired for them by the Government of Kerala. The State of Kerala thereafter ordered administrative sanction for establishment of new Medical College at Haripad in Alleppey district in Public-Private Partnership. The District Collector was directed to approach the appellant for 25 acres of land free of cost. The District Collector convened a meeting on 17.4.2012. The revenue officers were directed to inspect two sites. Two available plots were indicated by the appellant. One plot was a wet land, which was 4 k.m away from the National Highway. The second plot of 25 acres was a dry land, which was beside the National Highway. The District Collector communicated to the General Manager, NTPC Limited informing that on inspection, the dry land, which falls on western side of NH-47, is suitable for setting up of a Medical College. It was stated that the land is under possession of NTPC Limited, Kayamkulam, which was acquired for NTPC Limited and laying unutilised. Urgent steps for transferring the land was required by the District Collector. The said letter was issued by the District Collector on 14.5.2012. The NTPC Limited by letter dated 7.5.2012 communicated that the dry land measuring 25 acres, which was one of the two available plots indicated in the meeting dated 17.4.2012, is required by the NTPC Limited, since it has future plans for utilising the land for constructing an integrated township along with the Stage- II expansion. The NTPC Limited further stated that the Board of Directors of the NTPC Limited and the Government of India have to accord administrative sanction for transfer of the land. The District Collector thereafter sought sanction of the State Government for acquisition of land to the extent of 10.53.40 hectares in possession of NTPC Limited situated at Kayamkulam for the purpose of establishment of new Medical College at Haripad in Alleppey district. The Government accorded sanction vide order dated 31.5.2013 for acquisition of land to an extent of 10.53.40 hectares comprised in various survey numbers of Chingoli Village in Alleppey district under the possession of NTPC Limited for establishment of a Medical College at Haripad. The appellant, thereafter, immediately filed W.P(C).No.15583 of 2013 challenging the decision of the State Government dated 31.5.2013 granting administrative sanction to proceed with the acquisition. The following prayers had been made by the petitioner in the Writ Petition:

(3.) In the Writ Petition a counter affidavit was filed by the District Collector, reply of which was also filed by the petitioner. The learned Single Judge, after hearing the parties, by judgment dated 4.12.2013, dismissed the Writ Petition, against which the Writ Appeal has been filed.