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P. V. KUNHIKRISHNAN
Sivaprakashan, S/o. Kannamkulath Kumaran – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The short point to be decided in this case is that, if land is acquired for a specific purpose under the Land Acquisition Act, and if there is unnecessary delay in using the land for the purpose for which it is acquired, whether the acquisition proceedings can be quashed for that reason.
2. The petitioner was the owner in possession of 0.1241 hectares of land in survey No.291/8-9 of Perinjanam Village in Kodungalloor Taluk. The above property was acquired for the construction of a Post Office and Staff Quarters building for the postal department at the instance of the Superintendent of Post Offices, Irinjalakuda Division, Thrissur District. The land acquisition proceedings were initiated on 05.08.1983. The Land Acquisition Officer has awarded Rs.1,24,418.25/- towards the land value, Rs.5,435.20/-towards the value of improvements and structures, Rs.38,956.04/-towards solatium, and Rs.57,184/-towards 12% annual enhancement as per award dated 03.04.1987. The total amount of compensation was Rs.2,25,423.30/-. Accordingly, the initial payment was given to the petitioner on 28.03.1987. Thereafter, the property was taken into possession on 04.05.1987.
3. Dissatisfied by the com
Once land is validly acquired, it vests in the State, and the original owner loses all rights over the property, including any claim for restitution, regardless of subsequent non-utilization.
Land once vested in the state cannot be reconveyed to the original owner unless specific legal conditions are met and public purpose is no longer required.
Once possession of the acquired land is taken, the government cannot ordinarily re-convey it to the original owner. The decision of re-conveyance is required to be made by the competent authority and....
(1) Release of acquired land – Scheme of Section 48-B of LA Act, does not envisage any enforceable right in favour of expropriated landowner to seek transfer of acquired land.(2) No timeline can be i....
Once the land is acquired, it vests in the State free from all encumbrances, and the change of land use is not a ground for invalidating the acquisition. Section 101 of the 2013 Act cannot be applied....
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