State Of Kerala vs Scaria Mathew
2024 Latest Caselaw 30814 Ker

Kerala High Court

State Of Kerala vs Scaria Mathew on 30 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
                             WA NO. 1309 OF 2018
      AGAINST JUDGMENT DATED 31.07.2017 IN WPC 1249/2014 OF THIS COURT
APPELLANTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
     WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
     001.
  2. THE SUPERINTENDING ENGINEER, KERALA STATE TRANSPORT PROJECT,
     THIRUVANANTHAPURAM-695 001.
  3. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB
     DIVISION, KOTTAYAM-688001.
  4. THE SPECIAL TAHSILDAR (LAND ACQUISITION), NATIONAL HIGHWAY,
     CHANGANASSERY,KOTTAYAM DISTRICT-686 101.

BY SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND

RESPONDENTS/PETITIONER:

  1. SCARIA MATHEW, S/O.MATHEW, MATHICHIPARAMBIL HOUSE, KURISUMMOODU
     P.O., CHANGANASSERY, KOTTAYAM DISTRICT.686 104.
  2. FRANCIS JOHN, S/O.JOHN, CHAZHOO HOUSE, PANTHEERANKAVU P.O.,KOZHIKODE
     DISTRICT, REPRESENTED BY HIS POWER ATTORNEY HOLDER,MATHEW GREGARY,
     MEDAYIL HOUSE, LAIKKADU, CHANGANASSERY, KOTTAYAM DISTRICT-686 101.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment passed by the Learned Single Judge
dated 31.07.2017 in WP(C)No.1249/14 pending final disposal of the Writ
Appeal.
     This Writ Appeal again coming on for orders on 30/10/2024 upon
perusing the appeal memorandum and this court's order dated 01/08/2024,
the court on the same day passed the following:
                    Nitin Jamdar, C.J. & S. Manu, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                         WA No.1309 of 2018
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 30th day of October, 2024

                                ORDER

Nitin Jamdar, C.J.

Heard Mr.V.Tekchand, learned Senior Government Pleader. None appears for the Respondents.

2. By the impugned judgment and order, the learned Single Judge has declared that the land acquisition proceedings in respect of the subject have lapsed in light of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned Single Judge has relied upon the decision of the Hon'ble Supreme Court in case of Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) 3 SCC 183 which held that mere deposit of compensation in Government Treasury cannot be considered as equivalent to payment under Section 24(2) of the Act. The learned Government Pleader points out that thereafter, the issue has been considered by the Constitution Bench in Indore Development Authority v. Manoharlal & Others [2020 8 SCC 129] and it laid down that if the amount of compensation is deposited in Government Treasury, there cannot be a declaration that the acquisition proceedings have lapsed.

3. The Appeal is Admitted.

WA 1309 of 2018

4. There shall be a stay to the execution and implementation of the impugned order.

5. Post the Appeal for hearing at the end of the admission board on 6 November 2024.

sd/-

Nitin Jamdar Chief Justice

sd/-

S. Manu Judge Nsd

30-10-2024 /True Copy/ Assistant Registrar