LAWS(KER)-2007-3-435

CHEMBRA PEAK ESTATES LIMITED Vs. SECRETARY TO GOVERNMENT

Decided On March 30, 2007
MESSERS. CHEMBRA PEAK ESTATES LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE challenge in these two writ petitions is directed against Exhibit P6 order in W.P.(C).No.798 of 2007, by which the Government has accorded administrative sanction to the Industries Department to initiate proceedings under the Land Acquisition Act to acquire 398 acres of land in Muttil South Village of Vythiri Taluk by invoking urgency clause under Section 17(4) of the Land Acquisition Act.

(2.) THE concerned department has not so far issued any notification under Section 4 read with Section 17(4) of the Act. THE right of the petitioner to challenge the notification or the urgency clause will arise only when such a notification is issued. So, these writ petitions are premature. Without prejudice to the right of the petitioner to raise any contention, including those raised in these writ petitions, at the appropriate stage in case the competent authority issues a notification under the Land Acquisition Act, these two petitions are closed.