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K.VISWANATHA RAO, S/O. K.R.KRISHNA versus STATE OF KERALA, REP. BY

High Court of Kerala

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K.VISWANATHA RAO, S/O. K.R.KRISHNA v. STATE OF KERALA, REP. BY - WP(C) No. 26940 of 2006(F) [2006] RD-KL 3958 (20 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26940 of 2006(F)

1. K.VISWANATHA RAO, S/O. K.R.KRISHNA
... Petitioner

Vs

1. STATE OF KERALA, REP. BY
... Respondent

2. THE DISTRICT COLLECTOR,

3. SPECIAL TAHSILDAR (L.A.)GENERAL,

4. THE KERALA WATER AUTHORITY,

5. THE EXECUTIVE ENGINEER,

For Petitioner :SRI.R.LAKSHMI NARAYAN

For Respondent : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

Dated :20/12/2006

O R D E R

K.T. SANKARAN, J.

................................................................................... W.P.(C) No. 26940 OF 2006 ...................................................................................

Dated this the 20th December, 2006



J U D G M E N T

The petitioner owns an extent of 12 cents of land in Sy.No. 60/28-188 in Aluva Taluk. Out of this extent of land, an extent of 1 Are was sought to be acquired for the purpose of Adhoc Augmentation of Kochi Water Supply Scheme, which is called as Hudco Adhoc Augmentation Scheme. Ext. P1 notification under section 4(1) of the Land Acquisition Act was issued on 25.07.1996. On 03.02.1999, an award was passed in respect of the land belonging to the petitioner. It is stated in the Writ Petition that the possession of the property was not taken and that the scheme was implemented through the 1st Cross Road of Nethaji Road without taking the property of the petitioner and of some other persons. It is also stated that the purpose of acquisition is over even without taking possession of the land belonging to the petitioner and that the land is lying idle for past more than 8 years. It is stated in the Writ Petition that the W.P.(C) 26940 OF 2006 2 amount of compensation was not deposited under section 31(2) of the Land Acquisition Act . Exts. P5 and P6 representations were submitted by the petitioner to respondents Nos. 2 and 5 respectively, praying for releasing the land of the petitioner from acquisition. No reply was issued to the petitioner in respect of Exts. P5 and P6. The prayer in the Writ Petition is to issue a writ of mandamus or any other writ or direction to the respondents Nos. 1 to 3 to pass appropriate orders, withdrawing from the acquisition and to release the land to the petitioner and to initiate proceedings under section 48(2) of the Land Acquisition Act.

2. Learned Government Pleader, on instruction, submits that the scheme is implemented without taking possession of the land of the petitioner and that the land belonging to the petitioner is not necessary for the scheme at all. It is also submitted that the petitions submitted by the petitioner were pending for quite sometime before the Committee constituted for the purpose by the Legislative Assembly and that the land continued to be in the possession of the petitioner. It is also submitted that the requisitioning authority has informed the Government that the land of the petitioner is not required for the purpose and that it is also requested by the requisitioning authority to take steps under section 48 (2) of the Act. It is submitted that expeditious steps would be taken under section 48(2) of the Act. Submission made by the Government Pleader is recorded. W.P.(C) 26940 OF 2006 3

3. In the above said circumstances, there will be a direction to the respondents Nos. 2 and 3 to take expeditious steps under section 48(2) of the Act and to pass final orders thereon with copy to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. K.T. SANKARAN,

JUDGE.

lk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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