SUSANNA Vs. STATE OF KERALA

JUDGEMENT

(1.) All these writ petitions relate to the acquisition of land in Nedumbassery Village of Aluva Taluk in Ernakulam District, for the establishment of an International Airport. Emergency provision under S.17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was also invoked to dispense with issue of notice and hearing under S.5A of the Act. There were three types of acquisitions: First group of acquisitions were for establishment of run way for the Airport;Second group of acquisitions relate to construction of terminals etc. and the third group of acquisitions were for rehabilitating the evicted persons. It is submitted before the Court that acquisition for the purpose of constructing the run way is over, construction of the run way is almost completed and trial run also is being planned. With regard to the other acquisitions also it is submitted that 80% of the acquisition was over and possession of the property was taken over and construction of the terminal is in progress. In view of the judgment in W.A.No.449 of 1996 and connected cases, those petitioners who were residing in the property cannot be evicted and the buildings or structures belonging to the petitioners cannot be demolished pending disposal of the original petitions. Those writ appeals were filed against the judgment in O.P. No. 11841 of 1995 and other connected cases. Division Bench of this Court set aside the judgment of the learned Single Judge and remitted back the matter.

(2.) The first group of writ petitions challenge the acquisition of property for the construction of run-way as well as terminal buildings etc. Second group of writ petitions challenge acquisition for rehabilitating the evicted persons from the acquired property. In O.P. No. 12736 of 1996 it is the prayer of the petitioners that they should not be evicted from the residential houses unless they are rehabilitated by giving suitable housing lands and also providing for agricultural land lost etc. as recommended by the Ministry of Environment and Forest while sanctioning the proposed project, for the establishment of an International Airport. In this case, however, no stay was granted and stay petition was dismissed by order dated 19.9.1996 in C.M.P. 22436 of 1996. The petitioners have accepted the compensation amount already awarded.

(3.) In the first two group of petitions acquisition has been challenged on various grounds. One of the major grounds is the invocation of emergency clause under S.17(4) of the Act. Government of Kerala accorded administrative sanction for the acquisition of land for the Kochi International Airport at Nedumbassery. The establishment of the Airport was entrusted to a society called Kochi International Airport Society (hereinafter referred to as 'the Society') which ' is a Society registered under the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The Requisitioning Authority in these cases is the Society. In view of the invocation of emergency provision under S.17(4) of the Act the benefit of enquiry under S.5A of the Act is dispensed with. According to the petitioners, the Society is not a Corporation owned or controlled by the State as defined in S.3(cc) of the Act. If S.17(1) is to be applicable, the acquisition should be for a public purpose. S.3(f) of the Act defines 'public purpose' as including the acquisition of land for a Corporation owned or controlled by the State. Earlier, learned Single Judge of this Court held that the Society will not come within the definition of Corporation owned or controlled by the State. The Division Bench of this Court in W.A.No.449 of 1996 held as follows: