GEVARGHESE YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in all these writ petitions mainly pray for return of their land acquired for the purpose of Mulavana Distributory. According to them, the very project of Mulavana Distributory having been abandoned, the land should be returned to them. The petitioners refer to the judgment of this Court in W.P. (C)No.6348/2008, which was affirmed by the Division Bench in W.A.No.2370/2008 and argued that on returning the compensation received along with the interest, the State may be directed to return the land to them.

(2.) The learned Government Pleader submitted that these lands now having been earmarked for distribution of landless people, the petitioners' request cannot be accepted.

(3.) The land belonging to petitioners were acquired in accordance with the Land Acquisition Act, 1894, in the year 1994. Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, previous owner has a right for return of land under Section 101 of the Act. However, there is no corresponding provision in the repealed Act.