High Court Kerala High Court

C.A.Sadanandan vs Land Acuqition Officer on 19 November, 2010

Kerala High Court
C.A.Sadanandan vs Land Acuqition Officer on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31575 of 2010(V)


1. C.A.SADANANDAN, AGED 70
                      ...  Petitioner
2. MARY SADANANDAN,A GED 69 YEARS,

                        Vs



1. LAND ACUQITION OFFICER,
                       ...       Respondent

2. DISTRICT COLLECTOR,

3. STATE OF KERALA, REPRESENTED BY

4. KOCHI INTERNATIONAL AIRPORT SOCIETY

                For Petitioner  :SRI.MANJU ANTONEY

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :19/11/2010

 O R D E R
                        P.N. RAVINDRAN, J.
                     -------------------------------
                    W.P.(C) No.31575 OF 2010
                     -------------------------------
          Dated this the 19th day of November, 2010

                           J U D G M E N T

Petitioners are husband and wife. The land belonging to

them was acquired for the purpose of Cochin International Airport. An

award was passed way back on 20.5.1998 and the compensation was

also paid over to them on 18.4.1998 and 29.7.1998. The petitioners

did not complain about adequacy of the compensation and moved the

Land Acquisition Officer to refer their claim for enhanced compensation

to the court. Long thereafter, they moved the District Collector,

Ernakulam, by submitting the original of Ext.P6 application seeking

enhancement of compensation. In the alternative, they claimed

employment in the Kochi International Airport. By Ext.P7 letter dated

21.7.2010, the District Collector informed the petitioners that the

petitioners did not move the Land Acquisition Officer to refer the

dispute regarding the adequacy of the compensation to the Court,

hence, no further amount can be paid to them by way of

compensation. As regards employment assistance, the petitioners are

informed that the employment assistance was provided only to those

families from whom the land was taken over after negotiation. In this

writ petition, the petitioners challenge Ext.P7 and seek payment of

enhanced compensation and also other benefits including

W.P.(C) No.31575 of 2010

2

Rehabilitation and Employment.

2. The award in respect of the land belonging to the

petitioners was passed on 20.5.1998. The compensation amount was

also paid to them simultaneously. More than 12 years have passed

thereafter. The petitioners have admittedly not objected to the

adequacy of the compensation or requested the Land Acquisition

Officer to refer the dispute regarding the adequacy of compensation to

the Court. In such circumstances, I am of the opinion that at this

distance of time, the dispute regarding the adequacy of compensation

cannot be referred to the Court. Further, the petitioners have not

produced any material to show that their land was acquired subject to

the condition that they will be rehabilitated or employment

opportunity will be provided to their children. Admittedly, the

petitioners have no issues, they are aged and therefore, they cannot

claim employment.

In such circumstances, I am of the opinion that the reliefs

prayed for by the petitioners cannot be granted. Further, even after

12 years, the petitioners did not move the Cochin International Airport

and they moved the District Collector. The District Collector has no

jurisdiction or authority to pass orders affecting the rights of the

W.P.(C) No.31575 of 2010

3

Cochin International Airport. Therefore, the District Collector could

not have decided the issue in favour of the petitioners. I, therefore,

find no ground to entertain the writ petition. The writ petition fails

and it is accordingly dismissed. However, it is clarified that the

dismissal of the writ petition will not stand in the way of the

petitioners from invoking Section 28A of the Land Acquisition Act, if

they are entitled to the said provision.

P.N. RAVINDRAN,
JUDGE.

nj.