DULEEP THARIAN VERGHESE Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The prayer in the Writ Petition is to declare that the acquisition proceedings initiated pursuant to Exts. P1 and P1(a) have lapsed under S.11A of the Land Acquisition Act, 1894. There is also a prayer for the issue of a writ of certiorari to quash Exts. P1, P1(a), P9, P10, P12, P13, P15 to P17, P19, P21 and P22.

(2.) Government of Kerala accorded sanction for setting up of an Industrial Growth Centre in Pathanamthitta District as per order dated 24/09/1992. The General Manager, District Industries Centre, Kozhencherry had furnished requisition for the acquisition of necessary land through the District Collector, Pathanamthitta. Notification under S.4(1) of the Land Acquisition Act was published in the Kerala Gazette extra ordinary on 18/06/1994. The notification was published in local dailies on 14/06/1994 and 18/06/1994. Notice in Form 4(a) of the Act was published in the locality on 15/06/1995. An enquiry as contemplated under S.5A was conducted. The Board of Revenue, Thiruvananthapuram accorded sanction for acquisition of the land. The land was surveyed by the Superintendent of Survey and Land Records, Pathanamthitta. Draft declaration was approved by the Board of Revenue, Thiruvananthapuram on 29/03/1996 and it was published in the Kerala Gazette extra ordinary on 15/05/1996 and two dailies dated 09/06/1996 and 14/06/1996. It was also published in the locality on 03/06/1996 under S.6(2) of the Land Acquisition Act. The total area for which draft declaration was approved was 38.8946 hectares of land. The fifth respondent, Kerala Industrial Infrastructure Development Corporation (KINFRA), requested for an area of 14.83 hectares for setting up an industrial park. It is stated by the fifth respondent in the counter that as per order dated 16/10/2003, Government transferred possession of 14.48 hectares of land in Sy.No.208 of Kunnamthanam Village (plot No. 15), out of the acquired land of 38.8946 hectares and that the fifth respondent became the absolute owner in possession of 14.48 hectares. It is also stated by the fifth respondent that it had remitted the entire amount payable by it, namely, Rs.87,30,734/- to the Government.

(3.) The petitioner is engaged in the business of planting and he owns an estate called 'Pamala Estate' in Thiruvalla. 14.83 hectares comprised in 'Pamala Estate' was also sought to be acquired as per the proceedings mentioned above for the purpose of the fifth respondent. Exts. P1 and P1(a) are the notification under S.4(1) and the declaration under S.6 respectively. Petitioner challenged the declaration in OP No. 11910 of 1997 on the ground that the declaration was issued after the expiry of one year from the date of publication of the notification under S.4(1) of the Act and therefore, violative of the proviso to S.6(1) of the Act. OP No. 11910 of 1997 was dismissed as per Ext. P7 judgment dated 12/06/2003. It was held that the notification under S.4(1) of the Act was published in the locality on 03/06/1995 and the declaration under S.6 having been made on 20/05/1996, there was no violation of the proviso to S.6(1) of the Act. Challenging Ext. P7 judgment, petitioner filed Writ Appeal, which was dismissed by Ext. P8 judgment dated 20/06/2005. The petitioner filed SLP (Civil) No. 17614 of 2005 before the Honourable Supreme Court, which was dismissed on 02/09/2005. Review Petition No. 1884 of 2005 filed by the petitioner before the Honourable Supreme Court was also dismissed on 06/12/2005.