An assignee under the Kerala Government Land Assignment Act has full ownership rights and is entitled to compensation for both land and structures upon meeting conditions, regardless of contrary guidelines.

JUDGMENT :

VIJU ABRAHAM, J.

The above writ petition is filed seeking a direction to the 3^rd respondent to pass an award in respect of the land in survey No.1/5 of Thanneermukkom North Village, granting the market value for the land along with structural value and for a declaration that the petitioner is entitled to receive compensation as the owner in possession of the land in survey No.1/5 of Thanneermukkom North Village and the building therein on the strength of Exts.P1 and P2.

2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is the Indian Medical Association (IMA), Cherthala Branch, having more than 256 members. The IMA Community Hall is situated on the land in survey No.1/5 of Thanneermukkom North Village, and the same is utilized for various medical camps, medical education programmes, doctors’ meetings, etc. The IMA Cherthala Branch office and the IMA Community Hall were constructed by the petitioner in the year 1983, which is situated by the side of National Highway, NH 66. The land was originally assigned to the IMA by the Government as a heritable land as per the provisions of the Kerala Government Land Assignment Act, 1960, (hereinafter referred to as “Act 1960”) read with KERALA LAND ASSIGNMENT RULES , 1964 (hereinafter referred to as “Rules 1964”) as per Ext.P1 patta dated 02.08.1983 and Ext P2 Government order. Petitioner has remitted the land value, and thereafter, the land was assigned to the petitioner for the construction of the IMA Community Hall. Petitioner contends that after payment of the land value and after the land was assigned to the petitioner as per Exts.P1 and P2, the same became a private land subject to conditions in Exts.P1 and P2. Petitioner contended that they have not violated any of the conditions in Exts.P1 and P2, and therefore, the land should be considered completely under the ownership and possession of the petitioner. Ext.P3 possession certificate was also issued in respect of the subject property, and the petitioner is paying land tax in Thandaper No.696 of Thanneermukkom North Village. Ext.P4 ownership certificate was also issued by the Cherthala Municipality as proof of the ownership of the building constructed therein.

3. In the year 2018, Ext.P5 notification under Section 3(a) of the NATIONAL HIGHWAYS ACT , 1956, has been issued by the 1^st respondent for acquiring an extent of 3.87 Ares (10 cents) of property in survey No.1/5 of Thanneermukkom North Village for widening the NH 66. In Ext.P5 itself, the land in survey No.1/5 of Thanneermukkom North Village is shown as private property and not as Government land. The petitioner was expecting an award to be passed in their favour. Later, on enquiry, it was found that the 3^rd respondent competent authority, has not passed any award in respect of the land, stating that the land in question is a patta land assigned in favour of the petitioner. It is the contention of the petitioner that the said stand is arbitrary and unjust since, after the land had been assigned as per the Land Assignment Act on remittance of the requisite land value as early as in 1983, the petitioner became the owner in possession of the same. Since the petitioner has not violated any of the conditions in Exts.P1 and P2, the land can only be treated as private land, and the petitioner is entitled to compensation towards the acquisition of the land also. It is in these said circumstances that the petitioner has approached this Court.

4. A statement has been filed by the 3^rd respondent wherein it is contended that even though the above land is assigned land, it is treated as Government land based on the guidelines issued b