C.K.Rahilabi vs Union Territory Of Lakshadweep
2022 Latest Caselaw 9346 Ker

               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.
               --------------------------------------------
                       W.P.(C)No.5364 of 2022
                    --------------------------------------------
               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

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

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.