High Court of Kerala
K.M. Joseph, A. Hariprasad, JJ.
Sebastian Chokkattu & Anr - Appellant
Versus
District Collector & Ors - Respondent
W.A. No. 1436 of 2009
Decided On : 21-08-2013
K.M. Joseph, J.
1. These three appeals being connected we are disposing of the same by this common judgment. W.A.No.1436/2009 is filed against the common judgment of the learned Single Judge in W.P.C No.6144/2007 whereas W.P.C No.1777/2009 is filed against the common judgment in W.P.C.5128/2008. The aforesaid appeals have been filed by the respective petitioners in the said writ petitions. W.A.No.1012/2013 is filed with an application to condone delay of 1627 days by the respondents State and its Officers in W.P.C.6144/2007.
2. Petitioners in W.P.C.No.6144/2007 from which W.A No.1436/2009 arises are husband and wife (hereinafter referred to as the parents). Appellants in W.A.No.1777/2009 are none other than the daughters of the appellants in W.A.No.1436/2009(hereinafter referred to as the daughters).
3. According to the parents, they together owned 7.8 acres of land in Kakkanad village in Kanayannur Taluk. Their complaint in the writ petition was that, their lands came to be acquired under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in violation of the mandatory provisions of the Act. According to them, no notice was received by them under Section 9 of the Act. Still further, it is contended that, there is violation of Section 10 of the Act. When the writ petition was pending, they came to know that, actually the award itself has been passed under the Act. They have amended the writ petition and sought to challenge the awards passed. According to them, there is infraction of Section 12 (2) of the Act inasmuch as no notice has been issued to them of passing of the award. Accordingly, they have sought the following reliefs:
"a). Declare that the land acquisition proceedings initiated against the petitioner pursuant to Ext.P3 notification has lapsed under section 11A of the Land Acquisition Act.
b). Issue a writ of prohibition restraining the revenue officials from acquiring the property owned by the petitioners as the notification was lapsed.
c). Declare that the petitioner is entitled and eligible to current market rate for their land as compensation amount in case the govt. acquires their landed property situated in R.Sy.Nos.712/3, 705/4, 712/6, 750/4, 712/4, 711/1, 712/5 in Block No.9 of Kakkanad Village, Kanayannoor Taluk.
d). Declare that the petitioners' property cannot be acquired without issuing notice under Land Acquisition Act to them.
e). Call for the records/files from the office of the 2nd respondent with regard to the passing of the award in LAC 99/05 and LAC 139/05.
f). Issue a writ of certiorari or other appropriate writ or order quashing Exts.P8 and P9 award in LAC 99/05 and in LAC 139/05.
g). Declare that Ext.P8 and P9 award passed by the land acquisition authorities in LAC 99/05 and in LAC 139/05 is not an award under the Land Acquisition Act, as no enquiry was conducted before passing award and no notice were issued to the petitioners and as such the entire land acquisition proceedings has lapsed.
h). Declare that the entire acquisition proceedings initiated by the govt. as per Ext.P1 notification is lapsed as the purpose of the acquisition was not for the benefit of general public.
i). Declare that the utilization of the land acquired under the Land Acquisition Act cannot be used for private, commercial purposes.
j). Declare that the utilization of land acquired under the Land Acquisition Act cannot be treated as public purpose under the Land Acquisition Act."
4. Counter affidavit has been filed to which reply affidavit is also filed to which we will refer to wherever necessary.
5. The daughters have approached this Court in the year 2009 seeking the following reliefs:
"1) Call for all records in the case and peruse the same.
ii). Issue a writ in the nature of certiorari or such other appropriate writ order or directions quashing Ext.P12 and P13 and all proceedings which lead to the passing of Ext.P12 and 13 including Ext.P1 notification after calling for the same.
iii). To declare by th
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