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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN
Ayana Charitable Trust – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C. JAYACHANDRAN, J.
1. In this Writ Petition, the petitioners seek to quash Ext.P49 notification issued by the 1st respondent/State under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act', for short). The petitioners also seek quashment of Ext.P41 notification and Ext.P45 Social Impact Assessment Report under Section 4 (1), Ext.P47 Expert Group Appraisal Report under Section 7 and Ext.P48 Government Order issued under Section 8 of the 2013 Act. The acquisition in question is one pertaining to the development of the Sabarimala Greenfield Airport Project. In respect of the self-same acquisition, this is the third occasion where the petitioners approach this Court. The following list of dates will unfurl the essential events which ultimately led to the filing of the instant Writ Petition:
LIST OF DATES AND ESSENTIAL EVENTS IN THE CHRONOLOGICAL ORDER:
TABLE - I
2. Heard Sri.Amit Sibal, learned Senior Counsel, duly instructed by Adv.Dhiraj Abraham Philip and Adv.Darpan Sachdeva on behalf of the petitioners; Sri.K.Gopalakrishna Kurup, learned Advocate General on behalf of respondents 1 to 5
Mandatory requirements of the Right to Fair Compensation and Transparency in Land Acquisition Act need to be strictly followed to ensure only the absolute minimum land required for projects is acquir....
The court ruled that the 15-day objection period in land acquisition rules is invalid, emphasizing adherence to statutory procedures and the need for a comprehensive Social Impact Assessment.
Land acquisition for expansion must consider alternative sites only if they are contiguous to existing facilities, ensuring compliance with statutory requirements.
Land acquisition for expansion must consider alternative sites only if they are contiguous to existing facilities, ensuring compliance with statutory requirements.
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apply to all acquisitions of land for the use of the appropriate Gover....
The Court affirmed that a writ petition is premature due to incomplete statutory assessments under the 2013 Act.
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....
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