Back
GOPINATH P.
Ciby George, S/o. Babu George – Appellant
Versus
Kochi Metro Rail Limited, Represented by the Managing Director – Respondent
JUDGMENT :
The petitioner is a retired Army Officer. He purchased an apartment in a residential complex put up by the Army Welfare Housing Organisation (hereinafter referred to as ‘AWHO’) and known as 'AWHO CHANDERKUNJ' at Silver Sand Island, Vyttila, Ernakulam District. The AWHO is stated to be an organisation completely under the management and control of the Indian Army. According to the petitioner, the petitioner had purchased the apartment together with undivided rights in the land on which the apartment was constructed in the month of May 2018. The petitioner has approached this court with a grievance that without the knowledge of the petitioner and other apartment owners, about 30 cents of land forming part of the larger extent of 4.24 Acres on which several apartment blocks have been constructed by AWHO had been taken over and used by the Kochi Metro Rail Limited (KMRL) without subjecting the land to any process of acquisition under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (In short 'the 2013 Act') and without the payment of any compensation.
2. The petitioner has filed several complaints
Point of law: Right to Property is no longer a Fundamental Right.
The obligation of the State to ensure just and reasonable compensation for the deprivation of property, as per the Constitution and relevant statutes.
The judgment emphasizes the importance of compliance with the Land Acquisition Act and the availability of remedies under Section 64 for resolving grievances related to compensation and acquisition p....
State cannot acquire private land for slum rehabilitation without recognizing and allowing landowners' preferential rights to develop the land.
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 ....
No person can be deprived of their property save by authority of law, as established in various judgments.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
