IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 OP.No. 11093 of 1997(U) ----------------------- PETITIONER: ------------ PRABHAKARAN, S/O.KANNANKUNJI, MEPPIRIYARATHU, AVANAMCODE, NEDUMBASSERY, ALUVA TALUK. BY ADV. SRI.T.K.VENUGOPALAN SRI.S.VIDYASAGAR SRI.DINESH R.SHENOY SRI.T.R.RAJEEV RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KOCHI INTERNATIONAL AIRPORT AUTHORITY, REP. BY ITS MANAGING DIRECTOR, GCDA COMPLEX, ERNAKULAM. 3.SPECIAL TAHSILDAR (LA) NO.1, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY, ALUVA TALUK. (CORRECTED) 4.THE DISTRICT COLLECTOR, ERNAKULAM. (DESCRIPTION OF R3 IS CORRECTED AS SPECIAL TAHSILDAR, (LA) NO.III, KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY, ALUVA TALUK, AS PER ORDER DT. 12.8.1997 IN CMP NO.24970/97). BY ADV. SRI.N.N.SUGUNAPALAN(S.C.FOR CIAA) GOVERNMENT PLEADER SRI.NOBLE MATHEW.. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/06/2008, ALONG WITH O.P.NO.17874/97 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.19693/97 IN O.P.NO.11093/97 DISMISSED 26.6.2008. SD/- KURIAN JOSEPH, JUDGE. SD/- HARUN-UL-RASHID, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF NOTICE DT. 5.9.1996 ISSUED BY THE THIRD RESPONDENT. EXT.P2 : TRUE COPY OF CLAIM STATEMENT SUBMITTED BY THE PETITIONER DT. 20.9.1996. EXT.P3 : TRUE COPY OF LETTER DT. 21.4.1997 ISSUED BY THE 4TH RESPONDENT. EXT.P4 : TRUE COPY OF NOTICE DT. 8.5.1997 ISSUED BY THE THIRD RESPONDENT. EXT.P2A TRUE COPY OF AGREEMENT DT. 5.9.1996. RESPONDENTS' EXHIBITS : EXT.R3A : TRUE COPY OF THE DETAILS OF COMPENSATION AWARDED AND DISBURSED TO THE PETITIONER ARE FURNISHED IN THE STATEMENT FILED BY LAND ACQUISITION OFFICER LAC NO.702/96 AWARD NO.368/97. TGS KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- O.P. Nos.11093, 13017, 15188 & 17874 of 1997 ---------------------------------------------- Dated 26th June, 2008. J U D G M E N T Kurian Joseph, J. Petitioners in these writ petitions are aggrieved by the steps taken by the Land Acquisition Officer for recovery of the amounts. The recovery was necessitated based on a decision taken by the Land Acquisition Officer/Collector that the classification of the land acquired was not proper. But the fact remains that no notice was issued to the petitioners while such a decision was taken. Not only that, these are cases where the land was taken advance possession, after executing an agreement wherein the nature, lie and classification were also referred to. Therefore, the petitioners are justified in their contention that after the land has been taken possession and the same has been put to use, behind their back, the classification should not have been altered. These are matters to be considered by the Land Acquisition Officer/District Collector while taking a fresh decision as directed above. In the result, we set aside the impugned demand and the decision leading to the demand with a further direction to the OP NO.11093/97 & connected cases 2 Land Acquisition Officer/District Collector to consider the matter afresh with notice to the parties and take a decision in the light of the observations contained in this judgment and also adverting to the contentions taken by the parties. The writ petitions are disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- O.P. Nos.11093, 13017, 15188 & 17874 of 2007 ---------------------------------------------- J U D G M E N T Dated 26th June, 2008.