High Court Kerala High Court

B.V.L.P. School vs State Of Kerala Through The … on 18 March, 2009

Kerala High Court
B.V.L.P. School vs State Of Kerala Through The … on 18 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7248 of 2009(A)


1. B.V.L.P. SCHOOL, ANARI, CHERUTHANA P.O.
                      ...  Petitioner

                        Vs



1. STATE OF KERALA THROUGH THE SECRETARY,
                       ...       Respondent

2. SPECIAL TAHSILDAR (LA) RAILWAY,

3. THE GENERAL MANAGER, SOUTHERN RAILWAY,

                For Petitioner  :SRI.K.M.MOHAMMED KUNHI

                For Respondent  :SRI.N.B.SUNIL NATH,SC, RAILWAYS

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/03/2009

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 7248 of 2009
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                 Dated this, the 18th March, 2009.

                            J U D G M E N T

The petitioner is the manager of a school. Part of the school

properties are sought to be acquired for the purpose of railways. The

petitioner is aggrieved by the same. The petitioner is particularly

aggrieved by the invoking of the emergency clause. According to the

petitioner, there is no urgency warranting invoking of the emergency

clause. Therefore, the petitioner submits that he must be afforded an

opportunity of being heard before the proposal for acquisition can be

finalised.

2. The learned Government Pleader submits that if this Court

is inclined to direct the respondents to grant the petitioner an

opportunity for hearing, the same may be under Section 15A of the

Land Acquisition Act. This is agreeable to the petitioner. In the above

circumstances, this writ petition is disposed of with the following

directions:

The petitioner or his representative with due authorisation shall

present himself for a hearing under Section 15A on 30-3-2009 before

the 1st respondent . On that day, or on an adjourned date, which shall

be within two weeks therefrom, the 1st respondent shall hear the

petitioner under Section 15A of the Land Acquisition Act and pass an

order within two weeks thereafter, which shall be intimated to the

petitioner. Further proceedings under the Land Acquisition Act shall

be in accordance with that order.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.