Decided on December 18,2017

GEORGE Appellant


A.MUHAMED MUSTAQUE - (1.)The petitioner was the owner of land in Sy. No. 218/1 of Ayyanthole village in Thrissur district having an extent of 38.875 cents. This was purchased by him by a sale deed dated 10.1.1984. The above land was acquired by the State for the purpose of KINFRA (Kerala Industrial Infrastructure Development Corporation). Total extent of land acquired in this area is 51.41 acres belonged to 109 land owners. The award was passed on 27.3.2002. Notice in the proceedings for land acquisition was issued in the name of Sri. Alappat Palathingal John, Kattoor, the father of the petitioner. It seems that the petitioner was not aware of the land acquisition. This is so clear from Ext. P8 proceedings of the Under Secretary to Government. It is also to be noted that after the award was passed, the writ petition filed by the petitioner as OP.No. 18849/1998 was disposed on 8.2.2005 directing the District Collector to consider the petitioner's application for utilizing the land for establishing an industrial workshop in terms of Kerala Land Utilization Act.
(2.)This writ petition was filed in the year 2008 challenging the land acquisition proceedings on the ground that land acquisition proceedings against the land owned by the petitioner were illegal for want of individual notice. The petitioner also challenges the decision of the Government refusing to reconvey the land. When the matter was taken up, the New Land Acquisition Act came into force called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (Act 30 of 2013). In the light of Sec. 24 of the Act 30 of 2013, a new argument has also been raised to challenge the land acquisition proceedings.
(3.)KINFRA established an industrial estate in the year 2008. The land belonged to the petitioner is the entrance to the knowledge park in the industrial estate established by KINFRA.

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