VARGHESE VARGHESE Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to declare that the proceedings of acquisition covered by Exts.P2 and P4 pertaining to Survey Nos.595/2-19 and 575/2-8 of Ernakulam Village have lapsed, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners seek to declare the entire acquisition proceedings as null and void and lapsed by operation of law, since none of the mandatory enquiry proceedings are conducted and the petitioners were not heard, no pre-award enquiry in pursuance of objections filed to Sec. 9(3) notice is conducted and no award notice is issued under the Land Acquisition Act, 1894 [for short, Act, 1894]. Ext.P4 reference was made to the Court under Sec. 31(2) of Act, 1894 dated 102014, stating that an award is passed on 30.12013. Therefore, according to the petitioners, it is absolutely clear that manipulations and fraud is played by respondents 1 and 2, merely making records as if award is passed on 30.12013, with the intention of getting over the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Re-settlement Act, 2013 [for short, 'Act, 2013'].

(3.) Petitioners and respondents 3 and 4 are the coowners of the property under acquisition proceedings initiated by respondents 1 and 2 for the Metro Rail Project in Ernakulam city. Properties are having a total extent of 10.98 Ares consisting of 0.30 Ares in Sy.No.575/2, 1.04 Ares in Sy.No.575/6, 4.41 Ares in Sy.No.595/2, 92 Ares in Sy.No.595/3, 0.20 Ares in Sy.No.595/18 and 01.114 Ares in Sy.No.595/19 of Ernakulam Village and is situated very close to the Ernakulam Junction Railway Station. A three storied commercial building with appurtenant structures with Cochin Corporation No.39/1115 is also situated in the property. The mother of the 2nd petitioner was a co-owner and on her death on 11.01.2014, the 2nd petitioner inherited various assets including the rights of her mother in the property as per her registered Will dated 09.12.2011.