KAMALAMMA Vs. STATE

JUDGEMENT

(1.) In this application filed under Article 226 of the Constitution, the petitioners, who are the owners of Sy. Nos. 197/2 and 197/8 of Anchamada village, Trivandrum taluk, challenge the land acquisition proceedings taken by the State of Kerala, at the instance of the City Corporation, Trivandrum in respect of portions of the two survey numbers. The acquisition is also in respect of parts of certain other survey numbers belonging to other owners and the petitioners are not interested in them.

(2.) The main attack that is made by the petitioners in these proceedings is that the proposed acquisition is not intended for a 'public purpose' or to benefit the public and that it is only to benefit the third respondent. Therefore, the question to be decided is as to whether the proposed compulsory acquisition in this case, is for a 'Public Purpose' in which case alone, it will be saved under Article 31(2) of the Constitution.

(3.) The circumstances leading up to this application are briefly as follows: Though the petitioners have also filed a sketch showing the lie of the respective properties, including the portions of the lands proposed to be acquired, during the course of arguments. Mr. G. Viswanatha Iyer, learned counsel for the petitioners has agreed to this Court accepting the sketch, R-2 filed by the second respondent, Corporation of Trivandrum as the correct one. According to the petitioners, Sy. No. 1.97/8 lies north of Sy. No. 197/2. Sy. No. 197/8 is not shown in the sketch R-2, hut there is no dispute about its location. There is a road called Puthichakonam road south of Sy. No. 197/2 and according to the petitioners, it ends on the west of Sy. No, 200.