ACHAN BAVA VARKEY Vs. STATE OF KERALA
LAWS(KER)-1968-7-30
HIGH COURT OF KERALA
Decided on July 04,1968

ACHAN BAVA VARKEY Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) There are eight appellants in this appeal. All of them along with 9 others sought the cancellation of notifications issued under S.3 of the Kerala Land Acquisition Act, 1961 which have been produced as Ext. P2 series in O. P. No. 1119 of 1966 as well as declarations issued under S.6 of that Act which were produced as Ext. P3 series in the said original petition. A notice Ext. P4 in the original petition was also sought to be cancelled. Various points were urged before the learned judge and negativing those contentions, the original petition was dismissed by the judgment appealed against.
(2.) Though the points raised before the learned judge have also been taken before us in this appeal, we consider it unnecessary to deal with all those points for we are of the view that the declarations Ext. P4 series and the order of the Collector No. D4-1237/66 dated 14-2-1966 referred to in the Declaration as well as the notice under S.9 Ext. P4 must be set aside on the short ground that S.3 of the Kerala Land Acquisition Act has not been complied with before the order of the Collector dated 14-2-1966 was passed, declaration under S.6 and notices under S.9, issued.
(3.) S.3 of the Act is in these terms: "3. Publication of preliminary notification and powers of officers thereupon.-- (1) Whenever it appears to the Government or to the Collector that land in any locality within the State of Kerala or within the jurisdiction of the Collector, as the case may be, is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. (2) Thereupon, it shall be lawful for any officer, either generally or specially authorised by the Government or the Collector and for his servants and workmen, (a) to enter upon and survey and take levels of any land in such locality; (b) to dig or bore into the subsoil; (c) to set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon; (d) to mark such levels, boundaries and line by placing marks and cutting trenches; (e) where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; and (f) to do all other acts necessary to ascertain whether the land is adapted for such purpose: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so.";


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