MARY JAMES Vs. STATE OF KERALA
LAWS(KER)-2003-3-69
HIGH COURT OF KERALA
Decided on March 20,2003

MARY JAMES Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) The challenge is with regard to Exts.P14 and P15 notifications. Ext.P15 is the Notification dated 15.5.2000 with regard to acquisition of land belonging to the petitioners comprised in Sy.No.76/4 of Kolari village having extent of 72 cents. The Notification was issued as the land was found necessary for a public purpose viz. for the construction of quarters for staff of Telecom Department.
(2.) The learned counsel for the petitioners submitted that the Department has been trying to obtain one acre of land for the purpose of construction and that based on the objections raised by the respective land owners or other persons, three earlier Notifications did not fructify as they had either lapsed or were interfered with by this Court and that now attempt is to acquire the petitioners property using the urgency clause. It was also submitted that the petitioners are prepared to surrender another land provided the Government is willing to take over the same on negotiated sale basis. It is further argued that there is malafides involved in the present Notification in so far as one of the Engineers in the Telecom Department is interested in seeing that the land of his brother in law is not acquired for the purpose.
(3.) During hearing reference was made to the judgment marked Ext.P11 wherein based on similar contentions a learned Judge of this Court found that the Department could proceed with the offer for negotiated sale; that when considerable extent of alternative land is available to the Government; it should act in such a manner as to avoid detriment to citizens and that the Department should therefore proceed further with the proposal for negotiated purchase of the land comprised in R.S.No.80/1A of the Kolari Village.;


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