SECRETARY TO GOVT Vs. SEBASTIAN

JUDGEMENT

(1.) Kavilumpara Panchayat had proposed to construct a Bus stand at Thottilpalam. It had proposed the acquisition of 40 cents of land in R. S. No. 87/3. Notification under S.3(1) was issued on 30-1-1979. That was pursuant to a request made by the District Panchayat Officer. One Alambadi Moideen Haji was in possession of that land. He objected to the acquisition. That was overruled by the Land Acquisition Officer after due enquiries. At that stage, the land holder filed OP No. 1783/79 and obtained a stay of further proceedings from this court in CMP. No. 7442 of 1979. That Original Petition was dismissed by this court by judgment dated 2-12-1981. The Land Acquisition Officer completed further proceedings in the matter. The land holder Sri. Moideen Haji again filed OP. No. 2419 of 1982 before this court and obtained an order of stay of further proceedings. His averment was that he had filed a petition before the Government under S.52 of the Kerala Land Acquisition requesting the Government to withdraw the acquisition of this land in R.S. No. 87/3 in Kavilumpara Village. Even though the Land Acquisition Officer had passed an order dated 16-2-1982 pursuant to which the Executive Officer of Kavilumpara Panchayat had taken possession on 10-3-1982, and bad reported to the Government that the payment of the amount of compensation could not be made since the party had not turned up for receiving the cheque on the date fixed for payment, the Government again passed an order of stay on 15-3-1982 the date fixed for paying compensation. This court vacated the order of stay by its order dated 1-7-1982. The Government, however, obligingly issued another order of stay on 24-8-1982 OP No. 2419/1982 itself was dismissed by judgment dated 25-3-1986 by our learned brother, M. P. Menon (J). He noted that the claim for enhancement of compensation was the subject matter of reference under S.20 of the Land Acquisition Act. The Government not having the. power to withdraw under S.52 of the Land Acquisition Act as possession of the property was taken by the authorities on 10-3-1982. the Court held that

(2.) The Panchayat then seems to have initiated another proposal to acquire one acre of land in R. S. No. 140/2 of Kavilumpara Village. One Dr. Luis objected to the acquisition. The District Panchayat Officer, Kozhikode approved the proposal under R.3 of Kerala Panchayats (Acquisition and Transfer of Immovable Properties) Rules, read with S.65 of the Panchayat Act and forwarded the same to the Land Acquisition Officer on 30-7-1983. The Land Acquisition Officer approved the proposal and notified the same under S.3 (1) of the Kerala Land Acquisition Act by publication in two daily newspapers viz., in the "Dishabhimani" daily dated 9-2-1984 and in the "Mathrubhumi" daily dated 10-2-1984 Dr. Luis who owned 10 cents out of the land proposed for acquisition, bad filed a petition on 23-7-1983 before the District Collector objecting to the proposal After conducting enquiries, through the Land Acquisition Officer, the District Collector rejected the request of Dr. Luis by order dated 20-1-1984. Thereafter. Dr. Luis approached the Government. The Government issued an order of stay as per letter No. 7450/B2/84/RD dated 3-2-1984. On 13-2-1984, R.3 notice was issued by the Land Acquisition Officer. The District Collector, however, by his letter No. B3-30308/83 dated 16-7-84 submitted a report to the Government, after conducting due enquiries in the matter. The Government, in their order No. 7450/B2/84/RD dated 17-10-1984, exempted 10 cents of land from acquisition. An arithmetical error in the above order was corrected by the Government in its order dated 9-11-84.

(3.) The petitioner, who was formerly President of Kavilumpara Panchayat filed O. P. No. 10864/84-P challenging the Government Order dated 17-10-1984, granting exemption of 10 cents of land in favour of the 4th respondent in the O. P. Our learned brother, M, P. Menon (J), allowed the Original Petition by judgment dated 20-7-1987, as follows: