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T. R. RAVI
C. Lajith, S/o. C. Vijayan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
WP(C)No.2945 of 2022
The writ petition has been filed with the following prayers;
(ii) To declare that the Form Nos. 7 and 7A issued by the 1st Respondent under Rule 18(1) of the RCTLARR (Kerala) Rules, 2015 limiting the time period for filing objection to 15 days as against 60 days as stipulated under Section 15 of the Fair Compensation Act, is ultra vires to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(iii) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P14 series orders passed by the 4th Respondent; and
(iv) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P5 Report submitted under Section 4 of the Fair Compensation Act; and
(v) Issue a writ of certiorari or any other appropriate writ, order or dir
The court ruled that the 15-day objection period in land acquisition rules is invalid, emphasizing adherence to statutory procedures and the need for a comprehensive Social Impact Assessment.
Compliance with statutory procedures, consideration of expert recommendations, and technical explanations is crucial in land acquisition proceedings.
Point of Law : Point No.4 is also answered in favour of the petitioners by holding that the amendment to Rule 34 of the said Rules of 2015 (Karnataka) is not applicable to the subject acquisition pro....
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
Mandatory requirements of the Right to Fair Compensation and Transparency in Land Acquisition Act need to be strictly followed to ensure only the absolute minimum land required for projects is acquir....
Authorities must comply with binding judicial directives to consider landowner's alternate proposals in SIA under RFCTLARR Act, 2013.
Point of law : In cases where facts can be said to be admitted or undisputable, and only one conclusion is possible, the court does not pass futile orders of setting aside or remand when there is, in....
Mandatory procedures for acquisition under the Act of 2013 must be strictly followed
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