AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioners have filed this writ petition alleging that their properties in Sy.Nos.163/2 and Sy.No.163/3 were sought to be taken for the construction of a mini fishing harbour without invoking the provisions of the Land Acquisition Act.
It is stated that, on 09.05.2017, the officials of the respondents entered the properties of the petitioners and laid survey stones without publishing any notification under the Land Acquisition Act. Immediately thereafter, the petitioners approached this Court seeking a direction to respondents 1 and 2 not to acquire the properties of the petitioners.
An interim order was passed by this Court on 31.07.2017 directing that no encroachment shall be made by the 5th respondent in the petitioners property.
On 14.08.2017, another interim order was passed directing to implead the Land Acquisition Officer of the GCDA. No such application has been filed till date.
A counter affidavit has been filed by the 5th respondent, in which it is stated that the fisherman folk of Chellanam were demanding the construction of the Chellanam Fishing Harbour for a long time and that the Government has accorded sanction for the same as per G.O. Rt. No.597/2007/F&D dated 07.09.2007 and allotted an initial amount of Rs.5 crores under the Tsunami Rehabilitation Project, and started construction of two breakwaters. Another amount of Rs.2990 lakhs was also sanctioned as per G.O. R.t. No13/2010/F&D dated 04.01.2010.
It is stated, in the land acquisition proposal, the main component was the construction of a road from the main road to the harbour and that the original proposal was thereafter modified.
It is further stated that the District Collector entrusted the acquisition to the GCDA Tahsildar (LA) and the survey was carried out and other necessary steps for the land acquisition invoking the provisions of the Land Acquisition Act.
The statement is silent thereafter as to whether any notification has been issued under the Land Acquisition Act. In such circumstances, I deem it appropriate to dispose of this writ petition, confirming the interim order passed on 31.07.2017 and making it clear that if the respondents require the land for the construction of the fishing harbour, the same shall be done invoking the provisions of the Land Acquisition Act and strictly following the procedure thereunder.