JUDGMENT :

A. Muhamed Mustaque, J

The simple issue in this appeal is as to the procedure to be followed after issuing a purchase notice under Section 67(2) of the Kerala Town and Country Planning Act, 2016 (for short “Act”).

The learned Special Government (LSGD), after referring to Section 67 of the Act, would submit that a land owner after issuing notice under Section 67(2) of the Act will have to wait till the variation proceedings are concluded under the approved Master Plan or the Detailed Town Planning Scheme (for short DTP Scheme).

2. The clarity of the law is required in regard to the procedure to be followed in this matter. It is appropriate to refer Section 67 of the Act, which reads thus:

“Obligation to acquire land in certain cases. -(1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchay