Deepak Gupta, J. - (1.) The short question which arises in these appeals is whether the Special Tahsildar (Land Acquisition), Cochin Refineries Limited, Ernakulam, Vytilla, Cochin-19 [hereinafter referred to as "the Special Tahsildar (LA), K.R.L."] was empowered to act as Collector under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), in respect of lands acquired by the State for an Infopark.
(2.) On 05.12.2005, the Government of Kerala accorded administrative sanction to acquire 177.79 acres of land in Ernakulam district for the purpose of the Infopark. The Government also accorded sanction to invoke the urgency clause under Section 17(1) of the Act. Thereafter, on 15.12.2005, the District Collector, Ernakulam issued a Government Order appointing the Special Tahsildar (LA), K.R.L. as the Land Acquisition Officer for the acquisition of land for the Infopark. Thereafter, a notification was issued under Section 4(1) of the Act. In the said notification, it is mentioned that in view of the order of the Government, application of Section 5(A) of the Act has been exempted by invoking the powers under Section 17(4) of the Act. According to the appellants 23.92 acres of land belonging to them was sought to be acquired along with the land of others. The appellants filed objections under Section 5A(1) of the Act. According to them no action was taken on their objections and, thereafter, they filed Writ Petition No.9735 of 2008 in the High Court of Kerala seeking various reliefs including quashing of the notification issued under Section 4(1) and 17(4) of the Act. The main ground raised was that the Special Tahsildar (LA), K.R.L. was not entitled to perform the functions of Collector under the Act. The stand of the State was that the Special Tahsildar (LA), K.R.L. was entitled to act as Collector for the entire Ernakulam District and was therefore empowered to act as Collector even in relation to land acquired for the Infopark. The writ court dismissed the writ petition in so far as this objection was concerned. The appellants filed Writ Appeal No.2446 of 2008 which was also dismissed on 06.01.2009.
(3.) We have heard Shri R. Venkataramani, learned senior counsel for the appellants, Shri Basant R., learned senior counsel appearing for Infopark and Shri K.N. Balgopal, learned senior counsel appearing for the State of Kerala.;