IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 181 of 2009(V) ------------------------ PETITIONER: --------------- T.K.VELUKUTTY, THARAYIL HOUSE, PERINGANAM AMSOM DESOM, PERINGANAM VILLAGE, KODUNGALOOR. BY ADV. MR.A.K.ALEX MR.K.P.SURESH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND ACQUISITION OFFICER,SPECIAL TAHSILDAR(L.A)GENERAL, THRISSUR. GOVERNMENT PLEADER MR. MANOJ KUMAR FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, ALONG WITH WPC NO. 3360 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ====================================== W.P.(C).Nos.181 & 3360 of 2009 =============================== Dated this the 27th day of May, 2009. J U D G M E N T Balakrishnan Nair, J. The petitioners in these writ petitions challenge the acquisition of land for rehabilitation of persons affected by Tsunami. The properties owned by them are covered by Ext.P2 notification issued under Section 4(1) of the Land Acquisition Act in W.P.(C). No.3360/2009 and Ext.P1 in W.P.(C).No.181/2009. The Government as per order dated 25.6.2008 have permitted to dispense with the enquiry under Section 5A of the said Act invoking the emergency clause under Section 17(4) thereof. The said decision of the Government is cited in the aforementioned notification issued under Section 4(1) of the Act. The petitioners submit that invocation of the emergency clause is unwarranted and they have lost their valuable right to object the acquisition under Section 5A. 2. The respondents have filed counter affidavits in both the writ petitions. They have stated that the scheme implemented by the State is a Centrally Sponsored Scheme and the time limit for the completion of the scheme was fixed as 31.3.2009. In the above background it was decided to invoke the emergency clause and it W.P.(C).Nos.181 & 3360 of 2009 2 was fully justified also. Because of the intervention of this Court, the acquisition could not be completed and therefore the Government have got extension from the Central Government up to 30.6.2009 for completion of the acquisition. Time for implementation of the project has been extended up to 31.12.2009. 3. Going by the stand of the Government, we feel that the invocation of the emergency clause in this case cannot be said to be unjustified. This Court cannot sit in appeal over the decision of the Government in this matter. In view of the averments in the affidavit which we have mentioned above, we feel that no ground has been made out warranting interference with the land acquisition notification issued under Section 4(1) for the reason of invocation of the emergency clause. In the result, the writ petitions are dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. bkn/-