KALIYAPPAN Vs. STATE

JUDGEMENT

(1.) Land acquisition proceedings relating to 10 cents of land originally belonging to the second petitioner and now belonging to her husband, first petitioner, is challenged in these proceedings under Art.226 of the Constitution of India The petition is opposed by the respondents, on whose behalf a counter-affidavit has been filed.

(2.) Section 3(1) notification in this case was issued on 24-2-1981 and published thereafter. Notice was served on the petitioners an 20-3-1981. Ext. P1 is a copy of the notification. It appears, second petitioner filed Ext. P2 objections against the acquisition on the ground that the land contains her residence and sole source of livelihood, viz, teashop. The Board of Revenue under Ext. P5 order approved the draft declaration under S.6 of the Kerala Land Acquisition Act. That was on 19-1-1984. The declaration was published in the gazette and newspapers on 31-1-1984. The Collector signed the award and filed the same on 24-9-1986. It appears, notice of the award was served on the first petitioner on 30-9-1986, though this is disputed by the petitioners. It is not known if such notice was served on the second petitioner.

(3.) Learned counsel for the petitioners places reliance on S.11 A incorporated in the Land Acquisition Act, 1894 by the amending Act 68/84, which reads thus :