IMPORTANT POINT
Substantial compliance with land acquisition procedures is sufficient; delay in challenging acquisition undermines claims of ownership.

JUDGMENT :

M.A.Abdul Hakhim, J.

[SA Nos.811/1980, RSA 302/2005]

1. S.A.No.811/1980 arises from O.S.No.193/1972 filed by Manalody Moideen Koya Hajee before the Principal Munsiff's Court II, Kozhikode.

2. R.S.A.No.302/2005 arises from O.S.No.605/1995 filed by M/s. P.V.S. Apartments before the Principal Munsiff's Court II, Kozhikode.

3. The Plaint schedule property in O.S.No.193/1972 is 49 cents of land. The Plaint schedule property in O.S.No.605/1995 is 32 cents of land which is part of the plaint schedule property in O.S.No.193/1972.

4. According to the plaintiff in O.S.No.605/1995, it obtained title and possession of the plaint scheduled property therein as per Sale Deeds Nos.2271/1994 & 2276/1994 of SRO Chalappuram, executed by the two sons of the plaintiff in O.S.No.193/1972, namely, Abdul Jalil and Abdul Gafoor who derived the same as per Partition Deed No.2068/1989 after the death of the plaintiff in O.S.No.193/1972 on 2/5/1983.

5. In short, the fate of O.S.No.605/1995 is dependent upon the fate of O.S.No.193/1972 since the plaintiff in O.S.No.605/1995 claims title and possession through the plaintiff in O.S.No.193/1972. Hence, both these appeals are heard and disposed of together, treating S.A.No.811/1980 as the leading case.

6. This Court had earlier allowed S.A.No.811/1980 as per the judgment dated 14.02.1986. But later, it was noticed that the sole respondent in the appeal died before the date of judgment, and hence the judgment dated 14.02.1986 was recalled and by order dated 18.02.2020. The legal heirs of the deceased respondent were impleaded as additional respondents 2 and 3.

7. O.S.No.193/1972 was for a permanent prohibitory injunction to restrain the defendant/Calicut Corporation from dispossessing him from the plaint schedule property in pursuance of the Land Acquisition Award No.9/1970.

8. O.S.No.605/1995, as amended, was for a permanent prohibitory injunction restraining the defendant/Calicut Corporation and its officials from entering into the plaint schedule property or dispossessing the plaintiff from the property in any manner and for direction to the defendant Corporation to grant necessary license and to approve the plan for the construction of the building in the plaint schedule property applied for by the plaintiff.

9. At the requisition of the Calicut Corporation, the State Government initiated acquisition proceedings to acquire 49 cents of land for providing necessary playground to an educational institution. The acquisition proceedings were commenced in the year 1967 and an Award was passed in the year 1970. The present suit was filed in the year 1972 to restrain the Corporation from taking possession of the land pursuant to the Award passed in the land acquisition proceedings. Sri. Moideen Koya Haji had filed another suit as O.S.No.109/1972 against the State Government represented by the District Collector, Kozhikode, from dispossessing him from the plaint schedule property in pursuance of the Award No.9/1970. The present suit was filed when Sri.Moideen Koya Haji came to know that the Calicut Corporation is the requisitioning authority and hence seeking the very same relief in O.S.No.109/1972, O.S.No.193/1972 was filed against the Calicut Corporation. The Trial Court considered both suits together and decreed both the suits as prayed for with costs. The finding of the Trial Court is that as on the date of filing of the suit, the plaintiff is in possession of the plaint schedule property and that the procedure for acquisition of the land as per the Land Acquisition Act has not been complied with. The defendant - Calicut Corporation, filed A.S.No.153/1976 and the State Government filed A.S.No.140/1976 before the First Appellate Court and both the appeals were dismissed with cost as per judgment dated 24.01.1980. Since after handing over the title and possession of the property by the Government to the Calicut Corporation which was the requisitioning authority, the property is vested with Calicut Corporation, th