ST MARYS SOCIETY Vs. ALPHONSA

JUDGEMENT

(1.) When an objection against compulsory acquisition under the Kerala Land Acquisition Act can be made within thirty days after the publication of the preliminary Notification under S.3(1) of the Act, two questions naturally arise for consideration, (1) whether an objection filed beyond the thirty days of the publication of the preliminary Notification can be considered and (2) when, exactly the right to file objection arises. The determination of the starting point for filing objections decides the period during which this right can be exercised. We shall, therefore, advert ft these principal questions of law arising for consideration in this appeal.

(2.) Land Acquisition, avowedly for a public purpose, initiated as early as 1976, is still not finalised even after eleven years. A learned single Judge has quashed the declaration published in 1983 under S.6 of the Act and directed fresh consideration of the objections. It should be our endeavour to give a quietus to the controversies raised before this Court at least at this stage and either allow the Land Acquisition proceedings to continue or drop the entire proceedings. We do not want the grievances, if any, of the writ petitioner to be endured endlessly or the public purpose, if well founded, to be frustrated or defeated.

(3.) The fourth respondent in the writ petition, a fishermen's society, "an unregistered association of fishermen", St. Mary's Society by name is the appellant. Acquisition was sought for the purpose of laying a road leading to a fish landing centre for providing space for spreading, drying and storing fish nets, fishing tools etc., for repair and maintenance of fishing boats, for construction of mini shopping centre and halting place for the public, fishermen and public vehicles. Primarily satisfied with the public purpose, a preliminary notification issued under S.3(1) of the Kerala Land Acquisition Act was published in two prominent Malayalam dailies on 5-3-1981 and 29-3-1981. It was published that this land was needed for a public purpose, "to wit for the development of fish landing centre at Cherukode". No objection was filed within thirty days of the publications, the writ petitioner having filed his objection only on 8-6-1981. Thereafter, S.6 declaration was issued by the Board of Revenue on 27-1-1983 and published in the newspapers on 27-2-1983 and 2-3-1983.