KOVALAM HOSPITALITY PRIVATE LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a Private Limited Company registered under the Companies Act having its registered office at Mumbai. In furtherance of its business activities, the petitioner purchased an extent of 493.11 cents of land situated in Vizhinjam Village, Neyyattinkara Taluk, for the purpose of starting a Holiday Resort. The petitioner states that they had entered into a joint venture with the Inter Continental Hotels Group for establishing a Resort as "Holiday lnn" in the property. Ext. P1 is the Building permit issued to the petitioner for the above purpose by the Vizhinjam Grama Panchayat.

(2.) While so, the Government of Kerala decided to develop a deep water Multipurpose Greenfield Port at Arabian Sea coast at Vizhinjam through its special purpose Government Vizhinjam International Seaport Ltd (VISL). As per G.O(MS)No.74/08/F&PD dtd. 25/11/2008, the Government have ordered that the extent of land to be required for the construction of rail/road connectivity, container yard, work area etc. and activity beneficial necessary/incidental for the Vizhinjam Port Project will be 120 hectares. Vizhinjam Port Project was declared as a fast track project as per G.O(MS)No.72/09/F&PD dtd. 7/11/2009 and a special team under the leadership of Tahsildar and staff of Revenue and Survey Departments was also constituted for acquisition of 120 hectares of land for the project.

(3.) The 5th Respondent, the Vizhinjam International Seaport Ltd., forwarded a requisition for acquisition of 45.56 ??ctares of land in various survey numbers in Vizhinjam Village and the Commissioner of Land Revenue, by order dtd. 21/12/2009, sanctioned permission to invoke urgency clause under Sec. 17(4) of the Land Acquisition Act, 1894. Thereafter, Sec. 4(1) Notification was published on 12/3/2010 and a declaration notification of intended acquisition was issued on 21/12/2010.