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1991 Supreme(Ker) 235
Judges : U.L.BHAT,KRISHNAMOORTHY
Bhaskaran Pillai - Appellant
Versus
State of Kerala - Respondent
Case No : W.A. No. 86 of 1990
Decided On : 07/24/1991
Advocates Appeared :
V. Sivaswamy For Appellant Government Pleader (V. Bhaskara Menon) & Kurian Joseph For Respondents
The main legal point established in the judgment is that the provisions of the Kerala Land Assignment Act, 1960 and the Rules made thereunder are exhaustive in the matter of assignment of Government lands. The court emphasized the limitations on the Government's power to assign lands, as provided in R.24, and held that the assignment can only be made if necessary in public interest.
Headnote:
Land Acquisition - Assignment of Unutilized Land - Kerala Land Assignment Act, 1960 - S.2(J), S.3, S.4, R.24 - The court discussed the provisions of the Kerala Land Assignment Act, 1960 and the Rules made thereunder, and held that the Act and Rules are exhaustive in the matter of assignment of Government lands. The court emphasized that the Government can assign lands without following the prescribed procedure only if it is necessary in public interest. The court also highlighted the limitations on the Government's power to assign lands, as provided in R.24, which restricts the assignment of lands without observing the provisions of the Rules, except where necessary in public interest.
Fact of the Case:
The petitioner claimed ownership of unutilized land acquired for National Highway construction and applied for assignment of the land. The Government rejected the application, citing public purpose. The petitioner challenged the assignment of the land to the original owner, contending that the procedure under the Kerala Land Assignment Act was not followed.
Finding of the Court:
The court found that the petitioner had locus standi to file the Original Petition, as the rejection of his application was based on incorrect grounds. The court held that the Government's power to assign lands is restricted by the provisions of the Kerala Land Assignment Act and the Rules, and the assignment can only be made if necessary in public interest.
Issues: The issues involved were the petitioner's locus standi to file the Original Petition under Art.226 of the Constitution of India and the validity of the Government Order G.O.MS. 530/67/RD dated 30-10-1967 in light of the provisions of the Kerala Land Assignment Act and the Rules.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Kerala Land Assignment Act, 1960 and the Rules, emphasizing that the Act and Rules are exhaustive in the matter of assignment of Government lands. The court also highlighted the limitations on the Government's power to assign lands, as provided in R.24, which restricts the assignment of lands without observing the provisions of the Rules, except where necessary in public interest.
Final Decision: The Writ Appeal was allowed, the judgment of the learned Single Judge was set aside, and the Government Order directing re conveyance of the land to the original owner was quashed.
Krishnamoorthy, J.
Petitioner in O.P.No. 3931 of 1985 is the appellant. . 1.94 acres of land in Sy.No.299/12A&B of Alwaye Village was acquired in 1952 under the Land Acquisition Act from the 4th respondent, for the purpose of National Highway. The National Highway was constructed in 1954 and only about 1 acre of land was utilised for the construction. Petitioner alleges that he is the owner of the eastern property and accordingly he applied for assignment of the unutilized land. Thereupon, out of the balance area available, under Ext.P1 dated 10-7-1962 50 cents of land was given on kuthakapattom to the petitioner for a period of 12 years, with a condition that if Government required the land for any other purposes, it should be surrendered. While so, petitioner filed an application Ext.P8 dated 21-12-1979 before the Advisor to the then Governor for assignment of the land to him. In the meanwhile, the 3rd respondent-Tahsildar issued a notice Ext.P2 dated 31-12-1979 to surrender the land leased out to the petitioner under Ext. P1 as it was needed for public purposes. The notice was served on 25-4-1980. Thereafter, the 50 cents of land was taken possession of from the petitioner on 2-5-1980. On Ext. PS application filed by the petitioner he was given a reply, evidenced by ext.P6 dated 11-7-1980, by the Government stating that the land cannot be assigned to him as the same was required for public purposes. It is seen that thereafter also the petitioner had applied to Government for assignment of the land and Ext.P3 is a petition filed before the concerned Minister on 23-11-1982 reminding him of the petitioner's earlier petitions dated 7-2-1982 and 25-3-1982 for assignment and for taking suitable action in the matter. Petitioner has also produced a letter by the Superintending Engineer, National Highway to the District Collector, Ernakulam-Ext.P4 dated 18-3-1981- in which it is stated that out of the remaining land only 22 metres from the top edge is necessary for further widening of the road. The petitioner alleged in the O.P. that he came to know that Government had passed an order dated 29-11-1984 directing the 2nd respondent-Collector to re convey 90 cents out of 1 acre 10 cents to the 4th respondent from whom the land was originally acquired in 1952. Petitioner has produced the aforesaid order of the Government as Ext.P7 along with his reply affidavit. Petitioner challenged Ext.P7 mainly on the ground that the procedure contemplated under the Kerala Land Assignment Act, 1960 and the Rules made thereunder has not been followed in passing the order assigning the land to the 4th respondent. He further contended that when once the land is acquired under the Land Acquisition Act and possession taken, the land absolutely vests in Government and no assignment by Government is possible without complying with the provisions contained 1111 he aforesaid Act and the Rules. It is' his case that the application for assignment evidenced by Ext.P3 is pending and no orders have yet been passed on the same. He contended that the land can be utilised only for agricultural purposes and Government acted with out jurisdiction in ordering assignment of the land to the 4th respondent, without complying with the provisions of the Kerala Land Assignment Act and the Rules.
2. The State filed a counter-affidavit contending that 1.94 acres of land was acquired in 1955 for the purpose of National Highway, out of which 1.10 acres was lying unutilized. They denied the fact that the petitioner is the owner of the adjacent property. Government had issued orders regarding the disposal of unutilized portion of the acquired land by G.O.(MS) 530/67 dated 30-10-1967 and re conveyance of unutilized acquired land is governed by the said G.O. According to Government, assignment of such land is not governed by the Land Assignment Act or the Rules and they are free 10 re conveyed the land to the original owner in accordance with the aforesaid G.O. The 4th resp
