RAVIKUMAR PROPERTIES PVT. LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred by two firms owned by one Ravikumar, whose properties were acquired for a public purpose pursuant to a notification published under Sec. 4(1) of the Land Acquisition Act, 1894 (for short 'the LA Act'). However, during the pendency of the said proceedings, the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 (for short 'LAAR Act, 2013') came into force on 1/1/2024. In this regard, 50% of the compensation had already been paid prior to 1/1/2014, while the remaining compensation was paid only in the year 2018. According to the petitioner, he was compelled to execute agreements for sale in favour of the 5th respondent Corporation, which, it is alleged, amounts to a fraud on the power of eminent domain, since neither the Constitution of India nor the special statute governing the acquisition provides for sale or negotiated purchase of property under acquisition.

(2.) In such circumstances, the petitioner seeks to quash Exts.P14 to P24 awards and to direct the respondents to redetermine the compensation in accordance with LARR Act, 2013. The petitioner also seeks to quash Exts.P38 and P39 on the ground that the said documents are in contravention of the LARR Act, 2013. Further, the petitioner seeks a declaration that Exts.P38 and P39 sale deeds were executed with the intention of curtailing just and fair compensation payable under the LARR Act, 2013, and are therefore null and void and violative of Articles 14, 21, 38, 39(a), and 300A of the Constitution of India.

(3.) It is the case of the petitioners that they are private limited companies represented by their Managing Director, who is a native of Pondicherry and, therefore, is not conversant with reading and writing Malayalam. The petitioners were the absolute owners and title holders in possession of 2.232 acres of land situated in Ernakulam Village, Kanayannur Taluk, Ernakulam District. The property lies as a single compact plot on the eastern side of M.G. Road, Ernakulam, having a frontage of 25 meters to M.G. Road, and is classified as dry land.