GOPALAN NAIR Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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P.GOVINDAN NAIR,J. -
(1.) THE petitioner seeks to quash acquisition proceedings initiated by Ext.P -3 notification issued under section 3 of the Kerala Land Acquisition Act,1961(hereinafter referred to as "the Act ").That notification is in these terms: Whereas the Government of Kerala have,in notification No.103071 -B1/63/RD .,dated 21st March 1963 appointed the Tahsildar,Kozhikode to perform the functions of a Collector under the Kerala Land Acquisition Act,1961(Act 21 of 1962 ).
And whereas it appears to the said Collector that the land specified in the schedule below is likely to be needed for a public purpose to wit for the use of the inmates of the Girls Hostel attached to the Ramakrishna Mission High School run by the Sri Sarada Sangham,Cheruvannur notice to the effect is hereby given to all whom it may concern in accordance with the provisions of section 3(i)of the Act.
Taluk "Kozhikode Village "Cheruvannur
The extent given is approximate
Sl.No. Sy.No. Description Extent cents
1. R.S.36/6A2 S.C.wet 2
2. R.S.36/7A2 Garden 6
Total 8 "
In due course this notification was followed by a declaration under section 6 of the same Act:
"Whereas the Board of Revenue,Kerala is satisfied,after considering the reports made by the Collecter under sub -section(2)of section 5 of the Kerala Land Acquisition Act,1961(Act 21 of 1962)that the lands specified in the schedule below has to be acquired for a public purpose,the following declaration is issued under section 6 of the Act.
Under section 6 of the Act,the Board of Revenue,Kerala hereby declares that the land specified in the schedule below and measuring 0.08 acre,be the same a little more or less,is needed for a public purpose to wit,for the use of the inmates of the Girl's Hostel attached to the Ramakrishna Mission High School run by Sree Sarada Sangham,Cheruvannur and under section 7 of the Act,directs the Tahsildar,Kozhikode to take order for the acquisition of the land.A plan of the land is kept in the office of the Tahsildar,Kozhikode and may be inspected at any time during office hours."
(2.) THE petitioner has also produced Ext.P -2,a notice issued to the petitioner by the 2nd respondent,the Land Acquisition Officer and Tahsildar under section 9(3)and section 10 of the Act.
(3.) THE ground on which it is claimed that these acquisition proceedings should be quashed are mentioned in paragraphs 5,6,7,8 and 9 of the petition which I may extract: "5.The 3rd respondent Sangham is a society consisting of certain private individuals registered under the Societies Registration Act of 1860 and is not a public company.Compulsory acquisition of land by the State on behalf of such an association is not for a public purpose and the 1st respondent is going beyond its jurisdiction in initiating proceedings for such compulsory acquisition for a private association.The Kerala Land Acquisition Act or any other statute does not authorise the 1st respondent to acquire lands owned by private individuals for such purposes.I understand that no public revenue is being spent for the acquisition.
The motive of the respondent is only to harass me and thwart me from my intended desire.I have reason to believe that it was with that motive that the 3rd respondent trespassed upon the plot and occupied the same.It was only when the Sangham found that it will have to surrender the same,that the Sangham approached the 1st respondent to compulsorily acquire the land on its behalf.The 3rd respondent has practically no use of the same.I also understand that the 3rd respondent does not intend to make use of it for a public purpose. The 1st respondent does not seem to have applied its mind in the matter.It has not made any enquiries as to whether such an acquisition would be for a public use and for a public purpose.The State has not also enquired into the motive of the 3rd respondent behind the move.I have already demised,more than 4 acres of contiguous land to the 3rd respondent on very favourable terms,leaving this plot alone earmarking it for a specific purpose and the 3rd respondent knew of this from the beginning. 8.It is stated that the acquisition is for a public purpose,to wit for the use of the inmates of the Girl's Hostel attached to the Rama Krishna Mission High School run by the Sri Sarada Sangham,Cheruvannoor.This particular plot is situate more than 50 ft.away from the present hostel.No extension of the hostel is contemplated.Even if the hostel is to be extended,there is enough vacant space in the 4 acres of land leased out by me to the Sangham.If any playground is necessary,there also there is enough vacant space.It is only stated in the notification that this plot is required for the use of the inmates of the Girl's Hostel,without specifying the particular purpose.The authorities do not seem to have considered any of these matters.The proposed acquisition is only to thwart my intention and is mala fide and ought to be quashed. 9.The acquisition proceedings started by the 1st respondent Was in any view only a colourable exercise of power.The proceedings are vitiated by mala fides the only object seems to be to help the 3rd respondent in its unauthorised occupation of the land and to deprive me of my rights in the same.The lands in the possession of the Sangham are more than sufficient for the purposes."
It will be noticed from the averments in these paragraphs that the contentions raised are " (1)that the acquisition is for a sangham which is not a company and therefore the acquisition is without jurisdiction;
(2)that there is no public purpose for the acquisition and that the authorities concerned have not applied their mind to the question whether there is a public purpose or not;and
(3)that the acquisition has been motivated by extraneous considerations and it is urged that the acquisition is mala fide.;
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