Property acquisition procedures must comply with statutory requirements to prevent arbitrary dispossession.

JUDGMENT

Dated this the 25^th day of February, 2026 W.P.(C) No.22784 of 2019 has been filed by the petitioners, who are husband and wife and are in joint ownership and possession of 54½ cents of property.

2. W.P.(C) No. 23345 of 2019 has been filed by the petitioners, who are husband and wife and own 5 ares and 10 square meters of property comprised in Re-Survey No. 512/13, and

1 are and 90 square meters comprised in Re-Survey No. 512/22.

3. It is the case of the petitioners that the respondents have made an arbitrary attempt to take over the petitioners’ properties situated on one side of the road alone, while excluding the properties situated on the opposite side of the road, which belong to influential persons.

4. It is stated that the attempt to widen the Thiruvalla–

Chelakkombu Road is being undertaken arbitrarily and without complying with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 (in short, “the 2013 Act”).

5. However, on instructions, the the learned Government Pleader submitted that the Tahsildar and the Village Officer have not taken any steps to take over the petitioners’ properties. It was further submitted that, if any steps are taken in future, that will be taken only after complying with the provisions of the 2013 Act. 6. In such circumstances, all the respondents are restrained from taking over the properties without following the procedure prescribed under the 2013 Act.

With the above directions, the writ petitions are closed.

However, such closure shall not preclude the petitioners from approaching this Court, if any further attempt is made without following the procedure prescribed under the 2013 Act.

Sd/-