High Court Clears about Land Acquisition

17 April 2013

Building permit cannot be denied citing plans to acquire the land for a public project in future unless such acquisition is already notified by the government,as specified in Land Acquisition Act,the Kerala high court has held.The decision by a division bench comprising Chief Justice Manjula Chellur and Justice K Vinod Chandran was given while considering an appeal filed by a resident of Thiruvananthapuram.

Thiruvananthapuram Corporations order denying building permit to him citing the plan to acquire his property at Kazhakuttam for constructing a trade centre cum mini bus stand.A single bench of the high court had dismissed the residents petition,finding that as there is a proposal to acquire the property,no purpose would be served in directing the corporation to consider the application for building permit.

Advocate K Jaju Babu,who appeared for the resident,argued that refusal of approval of site for construction or reconstruction of a building is permitted only when the land is under acquisition proceedings according to Section 393 of the Kerala Municipality Act,1994.

The government had issued an order in July 2011 for acquiring 90.6 cents of land for the project at Kazhakuttam by invoking emergency clause.However,no notification for acquisition of the land was published,as specified in Section 4(1) of Land Acquisition Act.
The delay was due to the governments stand that it will not be cast with any financial or litigation liabilities and that 80% of the amount required for the acquisition should be deposited in advance by Thiruvananthapuram Development Authority (TRIDA) before the district collector.

Source – TOI Cochin

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