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GOPINATH P.
Baby Joseph, W/o. Late Joseph – Appellant
Versus
Chief Secretary, Government of Kerala, Secretariat – Respondent
JUDGMENT :
The petitioners in this writ petition claim to be in absolute possession of 3 cents of land comprised in survey No.1279 of Poonithura Village, Kanayannur Taluk, Ernakulam District. The said property, it is not disputed, is marked as 'puramboke' land in the revenue records. It is the case of the petitioners that sometime in the year 1960, the land came into the possession of the husband of the first petitioner [late Joseph]. Thereafter, the late Joseph and his successors, including the petitioners herein, have been in possession of the said property where they are residing after constructing a residential building. The petitioners have approached this Court, seeking to quash Exts.P9 and P10, through which the petitioners were informed that the land would be taken over for the purposes of the Kochi Water Metro without subjecting the land to any proceeding under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’) and without paying to the petitioners the compensation payable in terms of the provisions contained in the said Act.
2. Sri. T.R.S Kumar, the learned co
Point of Law : Solatium is amount of money paid to offset damage caused by involuntary act of giving up property in question, owing to compulsory nature of acquisition.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
Point of Law : It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in furt....
There is no provision for payment of solatium and interest in Regulation of 1947, whereas same is available in RFCT & LARR Act.
The State must compensate landowners for land acquired for public use, as the right to property is a constitutional right that cannot be extinguished by delay or adverse possession.
A subsequent purchaser can challenge land acquisition proceedings if they demonstrate a legal grievance, particularly where compensation has not been paid and possession has not been taken under the ....
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