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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. JUSTICE A.K.JAYASANKARAN NAMBIAR, MR. JUSTICE P.M.MANOJ, JJ
Nochikkatte Musthafa, S/o. Abdu – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, Revenue Department – Respondent
JUDGMENT :
(A.K. Jayasankaran Nambiar, J.)
The petitioner in W.P.(C).No.242 of 2021 is the appellant before us, aggrieved by the judgment dated 14.03.2025 of a learned Single Judge dismissing the writ petition.
2. The brief facts necessary for disposal of the Writ Appeal are as follows:
The appellant had approached the writ court challenging Ext.P2 order dated 05.10.2016 issued by the 2nd respondent District Collector, Kannur accrediting the 6th respondent as an agency for conducting Social Impact Assessment and submitting time bound reports. He had also impugned Ext.P7 notification dated 28.09.2020 issued by the 2nd respondent District Collector, Kannur appointing the 7th respondent as the Social Impact Assessment Unit as also Ext.P8 report dated 19.10.2020 of the 7th respondent and Ext.P9 report dated 06.11.2020 prepared by the Expert Committee constituted by the District Collector, Kannur. There was also a separate challenge to Ext.P13 order dated 11.11.2020 issued by the 2nd respondent, Ext.P11 preliminary notification dated 19.11.2020 issued by the 2nd respondent as well as a prayer for declaration that Rule 18 of the Right to Fair Compensation and Transparency in Land Acquisition
The District Collector is the appropriate authority under the 2013 Act for land acquisition procedures, and compliance with statutory requirements is essential for validity.
The District Collector acted within authority as 'appropriate Government' in land acquisition, following legal procedures, thus balancing public interest against individual rights.
Point of Law : Any person interested in the land can raise objections relating to : (a) the area and suitability of the land proposed to be acquired (b) justification offered for public purpose and (....
Acquisition of Land - Question of facts - Question of fact, which cannot be resolved by this Court.
Compliance with statutory procedures, consideration of expert recommendations, and technical explanations is crucial in land acquisition proceedings.
The publication of land acquisition notifications must comply with statutory requirements, including publication in the appropriate official gazette, and the same authority cannot hear objections and....
The court established that compliance with social impact assessment requirements is essential in land acquisition proceedings under the LA&RR Act.
The court established that proper authority and adherence to statutory procedures are essential in land acquisition processes to ensure fairness and legality.
The court affirmed that the SDOs had the authority to decide objections in land acquisition under the Act, and the process followed was in compliance with statutory requirements.
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