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2020 Supreme(Ker) 597

NSS Karayogam No. 1300, Mundapally, Peringanad Po, Adoor, Represented By Its President K. R. Venugopalan – Appellant
Versus
State Of Kerala, Represented By Its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Jacob P. Alex, Sri. Joseph P. Alex, Sri. Manu Sankar P., Advs.
For the Respondent: Sri. Y. Jaffar Khan, GP, Adv.

JUDGMENT :

These writ petitions raise an essential question as to the power and limitation of the Executive Government to dispose of the land absolutely vested with them mainly acquired through the Land Acquisition Act, 1894. Admittedly, the lands belonged to the petitioners in all these writ petitions were acquired to construct an irrigation canal under the Kallada Irrigation Project. The total extent of the land acquired from this area would come to around 17 Hectares, during 1970-80.

2. It appears that the construction of the irrigation canal through the petitioners lands was dropped or abandoned. According to the petitioners, the lands remained unutilized. They would submit that the lands remained part of their property even though ownership and title vested with the State. They would further submit that the lands acquired pass through the middle of the property of some of the petitioners and some of them are using it as an access. Specific grievances raised by each of the petitioners reproduced hereunder:

Sl. No.

W.P.(C) Nos.

Specific grievances

1

34990/18

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