P S N MOTORS Vs. STATE OF KERALA

JUDGEMENT

(1.) The Municipal Council, Irinjalakuda, by Resolution No. 14 dated 1-11-1976 resolved to acquire 82 1/5 cents of land for extension of Municipal Bus stand and construction of shopping centre. This decision was communicated to the District Collector, Trichur, through the Director of Municipalities, Trivandrum. The Director of Municipalities recommended the acquisition of the properties. Thereupon the Land Acquisition Officer, 3rd respondent, initiated proceedings for acquiring the land. While preparing the notification under S.3 of the Kerala Land Acquisition Act, 1961, hereinafter referred to as 'the Act', the public purpose for which the acquisition is resorted to was mentioned as "for the extension of Municipal Bus stand" only. (The entire files relating to the acquisition proceedings have been placed before court by the learned Government Pleader). The notification under S.3(1) of the Act was published in the Kerala Gazette dated 26-7-1977. Notices under R.3 of the Kerala Land Acquisition Rules, 1963, hereinafter referred to as 'the Rules', were served on the owners of the land on 8-8-1977. All persons interested in the land sought to be acquired filed objections within the time prescribed for the said purpose. Those objections were overruled and a declaration under S.6 of the Act was published on 2-6-1978. Notices u/SS.9(3) and 10 of the Act were served on the owners in April, 1981. They filed their statements. The 3rd respondent then passed an Award under S.11 of the Act on 25-8-82. The owners of the land preferred applications before the 3rd respondent for referring the matter to the Civil Court under S.20 of the Act for fixation of the correct amount of compensation. Since the tenants who were occupying the buildings situated in the land raised certain objections to their eviction there occurred some delay in taking possession of the land. Negotiations were held between the Collector and the tenants of the buildings. The tenants were assured accommodation in the shopping centre to be constructed. Thereupon the petitioners have approached this court challenging the acquisition proceedings on various grounds.

(2.) During the pendency of these petitions the properties belonging to the petitioners in O. P. Nos. 7730 of 1984 and 8649 of 1984 were taken possession of by the Land Acquisition Officer in pursuance to the Award. Thus, those lands have become vested in the Irinjalakuda Municipality free from all encumbrances as per the provisions of the Act. The result, therefore is, the petitioners in O. P. Nos. 7730 and 8649 of 1984 are not entitled to challenge the acquisition proceedings now. Accordingly these two Original Petitions fail and they are dismissed.

(3.) Along with O. P. 621/1984 the petitioners moved C. M. P. 2146/1984 for stay of all proceedings initiated for acquisition of their land including the dispossession of the petitioners from the properties. This court on 6-2-1984 ordered: