POKKER HAJI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the owner of 0.0809 hectare(about.30 cents)of land in R.S.No.32/8 in Villiappally.By notification,dated 27th July 1973,published in Kerala Gazette dated 7th August 1973(Ext.P -2 ),the said land was proposed to be acquired for the purpose of Union of India.It was for the purpose of constructing a building for Post Office at Villiappally.The declaration under S.6 of the Kerala Land Acquisition Act was made on 2nd July 1974.The award enquiry was held on 22nd August 1979 and the award was passed on 30th November 1979.Before the award was passed,the petitioner filed the Original Petition before this Court on 2nd July 1979 assailing Ext.P -2 notification promulgated under S.3(1)of the Kerala Land Acquisition Act.The short ground alleged is that there is unreasonable delay in the proceedings initiated under the Land Acquisition Act which has resulted in irreparable harm and injury to the petitioner in obtaining proper value for the land acquired.

(2.) ON behalf of the third respondent,a detailed counters -affidavit,dated 2nd September,1980 has been filed.It is stated that it is due to the exigencies in administration,delay occurred in,proceeding ahead with the acquisition.The learned senior Government Pleader,Mr.N.N.Venkitachalam,referred to the relevant files and submitted that as early as 22nd April 1975 the Revenue Inspector was asked to submit a report which is necessary for the purpose of valuation as enjoined by S.7 of the Act read with R.9 and 10 of the rules.It could not be procured till 20th July 1976.Thereafter,the matter had to be analysed and then finalised.And that accounted for the delay.

(3.) WE heard counsel for the petitioner and also the learned Senior Government Pleader.We are not satisfied,on the basis of the averments contained in the counter affidavit of the 3rd respondent or from the files,that the delay caused in this case,is reasonable or justifiable.There is unreasonable delay in proceeding with the acquisition that has visited the petitioner with dire consequences.He is being deprived of the proper value of the land.We are fortified in the above view,in the light of the principles formulated in the decisions referred to herein above.We hold that on the basis of Ext.P -2 notification dated 27th July 1973,published in Kerala Gazette dated 7th August 1973,the acquisition proceedings cannot be proceeded with.We quash the land acquisition proceedings taken in pursuance thereto.