IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 5364 OF 2022
PETITIONER:
C.K.RAHILABI
AGED 54 YEARS
D/O. SAYED MOHAMMEDKOYA PVP, CHEKKIKULAM (H),
ANDROTH ISLAND, U.T.LAKSHADWEEP,PIN-682 551
BY ADVS.
V.P.MOHAMMED NIYAS
SHEREEF J.
RESPONDENTS:
1 UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY ITS ADMINISTRATOR, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN-682 555
2 THE DEPUTY COLLECTOR,
(LAND ACQUISITION COLLECTOR),(KAVATATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP,PIN-682 555
SRI.SAJITH KUMAR V., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5364 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.5364 of 2022
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Dated this the 10th day of August, 2022
JUDGMENT
Admit. Standing Counsel takes notice for the respondents.
2. The grievance of the petitioner is that by Ext.P1 notification issued under the Land Acquisition Act, 1894, (hereinafter referred to as 'the 1894 Act') properties belonging to the petitioner was sought to be acquired. However, neither has the land been so far acquired nor any compensation given to the petitioner and the petitioner is also obstructed from utilising the land for any purpose.
3. It is submitted that after the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act), any proceedings for acquisition can only be under the new Act.
4. The Standing Counsel on instruction submitted that, the Director, Women and Child Development had submitted a requisition for acquisition of land for construction of Anganwadi WP(C) NO. 5364 OF 2022 3 Centre at Androth. It was pursuant to the said requisition that, Ext.P1 notification was issued under Section 4(1) of the 1894 Act on 25.02.2013. Soon after the issuance of the notification, the 2013 Act came into force with effect from 01.01.2014 and the proceedings were stopped. Even though the concerned Department was addressed to send a fresh requisition as per the new Act, no such proposal has so far been received.
5. The above submissions are recorded. There can be no justification for freezing lands belonging to citizens without any concrete proposal for acquiring the same for a public purpose. Valuable rights over the land cannot be affected in such a manner. It is trite law that there can be no such freezing of land indefinitely without any proposal whatsoever for acquisition.
In such circumstances, the writ petition is closed, recording the submission that at present there are no proposals for acquisition of the land. The petitioner is free to put his land to any use and the respondents will not be entitled in any manner to obstruct the same.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 5364 OF 2022 4 APPENDIX OF WP(C) 5364/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 25.02.2013 ISSUED BY 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 5.3.2013 BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 14.11.2013 ISSUED BY THE 2ND RESPONDENT.