(1.) The petitioners in these Writ Petitions are the owners of the two respective plots in Ward No. 17 of Calicut Corporation. The land of the petitioners in O.P. No. 14934 of 1995 having an extent of 18 1/4 cents is comprised in T.S.No. 404 whereas the land of the petitioner in O.P. No. 14697 of 1995 and his two brothers having an extent of 231/2 cents is comprised in T.S. No. 437. They applied for permits from the Calicut Corporation for constructing buildings in their respective lands. The applications filed by them were rejected by the Corporation on the ground that the Corporation, is proposing to acquire the above lands belonging to them for the purpose of constructing a permanent exhibition cum shopping centre. Those orders passed by the Corporation are challenged in these writ petitions.
(2.) At the instance of the Corporation of Calicut the Special Tahsildar, Land Acquisition, Kozhikode issued a notification under S.3(1) of the Kerala Land Acquisition Act, 1961 on 15.3.1982 proposing to acquire about 7 acres of land in Ward No. 17 for constructing an exhibition cum shopping centre. The said proposal was objected to by the residents of the locality and by the order dated. 22.7.1983 the Special Secretary to Government directed the Corporation to take immediate steps to drop the above land acquisition proceedings. Thereafter, the Corporation by the letter dated 25.1.1984 requested the Government to reconsider the order for dropping the proceeding. But the Government by letter dated 18.2.1984 again directed the Corporation to drop the proposal and to comply with the earlier order dated 22.7.1983. Subsequently, on 17.1.1985, the Government of Kerala issued a notification, G.O. (Ms) No. 18/85 dated. 17.1.1985 under sub-s. (i) of S.52 of Kerala Land Acquisition Act, 1961 withdrawing the land acquisition proceedings as per the notice dated 15.3.1982. Explanatory note to the said notification reveals that the land acquisition proceedings in respect of the land afore-motioned were initiated at the instance of the Corporation of Calicut for the construction of exhibition ground and shopping centre, and the Government in their letter No. 17333/G3/82/LA dated 22.7.1983 have directed to drop the said acquisition proceedings and in order to effect withdrawal the above notification has been issued.
(3.) The Corporation of Calicut filed counter affidavit in O.P.No. 14697 of 1995 opposing the prayer made by the petitioners for quashing the orders rejecting permission to construct buildings. Ext. R1(g) produced along with the counter affidavit is a copy of the resolution of the Council dated 29.1.1994. By the aforesaid resolution, the Cooperation has proposed to acquire the land in question again for the purpose alleged in spite of the withdrawal notification issued by the Government. In fact the main / objection raised by the Corporation is that the proposal to acquire the very same land is in existence now. Therefore, the case of the Corporation is that the permission for construction of the buildings in the disputed land cannot be granted in view of the provision contained in S.393(1)(vii) of the Kerala Municipalities Act, 1994. The said provision reads as follows: