High Court Kerala High Court

Basith C. vs The State Of Kerala Represented By … on 19 March, 2010

Kerala High Court
Basith C. vs The State Of Kerala Represented By … on 19 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27479 of 2009(D)


1. BASITH C., S/O. MUHAMMED KOYA,
                      ...  Petitioner
2. M.GOPI, S/O. KUNJIKANDAN,
3. K.P.CHANDRASEKHARAN NAIR,
4. K.M.BABY GIRIJA,D/O. K.P.KUTTIKRISHNAN
5. MAMOOKOYA V.K. S/O.LATE ALAVI,
6. KATHEESSA KUTTY V.K. D/O.LATE KUTTIRAYIN
7. MYMOONATH V.K. D/O.LATE KUTTIRAYIN,
8. ASHRAF, S/O. MUHAMMED KOYA,
9. PRABHAKARAN, MUNDAKATHUDY HOUSE,

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE LAND REVENUE COMMISSIONER,

3. THE DISTRICT COLLECTOR, KOZHIKODE

4. THE SPECIAL TAHSILDAR, LAND ACQUISITION,

5. THE VILLAGE OFFICER,RAMANATTUKARA,

6. THE KERALA INDUSTRIAL INFRASTRUCTURE,

                For Petitioner  :SRI.K.MUHAMMED SALAHUDHEEN

                For Respondent  :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/03/2010

 O R D E R
                       ANTONY DOMINIC, J.
                      ------------------------
             W.P.(C)Nos. 27479 & 31231 OF 2009
                      ------------------------

               Dated this the 19th day of March, 2010

                            JUDGMENT

The issue raised in these writ petitions are connected

and therefore, the Writ Petitions are heard together and are

disposed of by this common judgment.

2. The petitioners challenge the notification issued under

Section 4(1) of the Land Acquisition Act for the purpose of

acquisition of 32.0479 hecters of land for establishing a

Knowledge Park by the Kerala Industrial Infrastructure

Development Corporation.

3. The first contention raised is that Section 4(1)

notification was issued on 3/12/2007 and that declaration under

Section 6(1) was made only on 26/2/2009. It is contended that

since Section 6(1) declaration was made beyond one year from

Section 4(1) notification, the proceedings have lapsed.

4. From the counter affidavit filed by the KINFRA, it is

seen that Section 4(1) notification was issued by the Land

Acquisition Officer on 3/12/2007, published in the Gazette on

4/12/2007 and in the newspaper on 1/1/2008 and 4/1/2009. It

WPC NO. 27479 & 31231/2009 -2-

is stated that this notification was published in the locality on

29/2/2008. There is nothing available on record to prove this

averment in the counter affidavit to be wrong. If that be so, the

last date of publication of Section 4(1) notification being on

29/2/2008, Section 6 declaration made on 26/2/2009 is well

within the one year period prescribed under the Land Acquisition

Act. Therefore, this contention has to be failed.

5. The second contention raised by the learned counsel for

the petitioners is that under the Kerala Conservation of Paddy

Land and Wet Land Act 2008, conversion of paddy fields is

prohibited and therefore, paddy field cannot be acquired. It is

stated that the substantial portion of the land notified under

Ext.P1 is paddy field and that therefore, the acquisition

proceedings are illegal. It is true that the provisions of the

aforesaid Act 2008 imposes stringent conditions to prevent

conversion of paddy lands. However, that does not by itself

mean that paddy land cannot be acquired under the provisions of

the Land Acquisition Act. At best, it may mean that after

acquisition, if paddy land is to be converted, the requirements of

the Act 2008 have to be complied with. So long as there is no

WPC NO. 27479 & 31231/2009 -3-

law prohibiting acquisition of paddy land, this court will not be

justified in holding that the notification for the acquisition

proceedings in relation to paddy land is illegal. Therefore, this

contention also fails.

6. The third contention raised by the learned counsel for

the petitioner is that if the paddy lands are acquired, reclaimed

and converted into industrial plots, that will affect the water table

of the area and result in drought. However, in the paragraph 12

of the counter affidavit filed by the third respondent, it is seen

that they propose to develop water harvesting facilities utilising

about 20% of the land proposed to be acquired. Be that as it

may, having regard to my finding that the two contentions

urged by the learned counsel for the petitioners are not having

any substance, the acquisition proceedings cannot be interfered.

The writ petitions are liable to be dismissed and I do so.

ANTONY DOMINIC,
JUDGE

dpk