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.