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2017 Supreme(Online)(KER) 10740

HIGH COURT OF KERALA
SHAJI P.CHALY, J
GOPALAKRISHNAN – Appellant
Versus
THE CHIEF ENGINEER – Respondent
WRIT PETITION (CIVIL) 7564/2017



The court emphasized procedural fairness in land acquisition decisions, requiring consideration of all affected parties.

Headnote:

Acquisition - Property Rights - N/A - The court directed the consideration of the petitioner's representation regarding land acquisition for road widening, emphasizing the need for a fair hearing and lawful decision-making.

Fact of the Case:

The petitioner challenged the land acquisition for road widening, alleging the authorities planned to acquire land primarily from his property despite a previous decision for equal acquisition on both sides.

Finding of the Court:

The court found merit in the petitioner's request for a timely hearing and decision on his representation regarding the land acquisition process.

Issues: Whether the authority's action to acquire land solely from the petitioner’s side is lawful and just.

Ratio Decidendi: The authority must consider all representations fairly and ensure decisions adhere to legal standards and procedural fairness.

Final Decision: Writ petition disposed of with directions to consider the petitioner's representation.

JUDGMENT

According to the petitioner, petitioner has his residential house on the side of the Kanjani Road situated in Sy. Nos. 662/1 and 662/2 of Pullazhi Village in Thrissur Taluk, Thrissur District. The Kanjani-Vadanapilly road passes through the front portion of the property of the petitioner. Administrative sanction was accorded, evident from Ext. P1 to develop the road to a state highway and the width was fixed at 17 meters. According the petitioner, the existing road has a width of 15 meters. In order to adjust the shortage of two meters, respondents addressed the issue deciding to acquire one meter each on either side of the said road. However, instead of doing the same, respondents are attempting to have the acquisition on one side itself, i.e., from the side where the petitioner's house is situated. Thereupon, petitioner has submitted Ext. P2 representation before the third respondent, which is pending consideration. It is thus seeking appropriate direction this writ petition is filed.

2. Having heard learned counsel for the petitioner and learned Senior Government Pleader, there will be a direction to the third respondent to take on board, Ext. P2 and consider the same, in accordance with law, and attain finality to the same, within one month from the date of receipt of a copy of this judgment, after providing opportunity of hearing to the petitioner, and any other interested or affected persons. However, I make it clear that if the fourth respondent is the authority to take a decision in the subject matter, the third respondent will be at liberty to transmit the matter to the fourth respondent,at the earliest possible.

Writ petition is disposed of accordingly.

SHAJI P. CHALY JUDGE DCS

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