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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SHIBU VARGHESE S/o P I VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
since common issues are involved in all these cases, they are heard and disposed of by this common judgment. W.P.(C) No.4670 of 2022 will be treated as the leading case.
2. Petitioner has approached this Court seeking to quash Ext.P10 and for a consequential direction to implement Ext.P4. Petitioner is having an extent of 8.10 Ares of property in Block No.12 in Survey No.296 of Peringanad Village in Adoor Taluk, Pathanamthitta. The property of the petitioner was acquired by the 1st respondent as per the provisions of the Land Acquisition Act, 1894 during 1970-1980 for the purpose of constructing an irrigation canal under the Kallada Irrigation Project (KIP). A total extent of 17 hectares of property was acquired from 29 different individuals including the petitioner herein for the said project. The acquired property is a long narrow strip of land with an average width of 15 metres and the same virtually divides petitioner’s larger extent of property through its middle. The original plan for constructing irrigation canal was abandoned by respondents 1 to 3 several years ago and for the last several years the said respondents are not taking any steps for utilizing this strip
Court emphasizes the need for the Government to reassess land valuation and public interest in cases of abandoned land acquisition, highlighting that individual claims can satisfy public interest cri....
The authority's decision to deny land assignment based on public utility and the petitioner's inability to prove necessity upheld, despite jurisdictional concerns.
The court ruled that procedural fairness requires an opportunity for the Petitioner to contest against unjust limitations on land assignment rights.
Government land designated for public use cannot be assigned for private benefit, affirming jurisdictional integrity in administrative orders.
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.
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
The court held that the alienation of land post-acquisition does not require reverting to the original owner, and tenancy disputes are to be resolved under private law, not judicial review.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
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