GOVINDAN NADAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This case is about acquisition of land for a public purpose. The basic facts could have been set out with more clarity in the Original Petition; and the counter affidavit at least should have presented a clearer picture. Be that as it may, the factual background, to the extent it could be ascertained from the files and assistance of counsel, appears to be the following.

(2.) The notification under S.3 of the Kerala Act was published in September, 1976. On service of notice under R.3 the petitioners filed Ext. P-1 objection on 13th October 1976; but before the same could be processed by the Land Acquisition Officer, the petitioners moved the Panchayat Minister on 11th November 1976 and obtained an order staying all further proceedings. The stay was vacated on 28th April 1977. Notice under R.5(b) for enquiry under S.5(2) was thereafter served on the petitioner, requesting him to appear on 21st July 1977. After enquiry, a report was submitted to the Revenue Board and S.6 declaration was made in September, 1978.

(3.) It appears that in the meanwhile, the petitioners were making further representations to the Government, this time to the Revenue Minister. Ext. P-5, dated 8th August 1980 is one such representation; and one of the prayers in the petition was that the Collector be directed "to conduct a hearing on the petitioners' petition, dated 5th November 1970, before proceeding with the acquisition proceedings". There was also a reference to the need for a proper enquiry under S.5(2) of the Act. On 24th January 1981 Government wrote to the Collector directing him "to hear the petitioners". The Land Acquisition Officer complied with this direction also, he heard them on 18th March 1981 and passed an order on 16th June 1981 overruling their objections to the acquisition. He then proceeded with the enquiry, passed an award, and issued notice thereof as per Ext. P-9, dated 24th August 1981.