S. Sagaran vs The District Collector, The Land Acquisition Officer and The Managing Director

T.R. Ramachandran Nair, J.—The petitioner is aggrieved by the proposal to acquire his property at the instance of the 3rd respondent. Earlier, the petitioner had approached this Court by filing W.P.(C) No. 12700/2007, which was disposed of by Exhibit P6 judgment. This Court directed that whatever objections the petitioner is having, he is free to raise in the enquiry u/s 5A of the Land Acquisition Act, which will be conducted. There was a further direction to the Land Acquisition Officer to complete Section 5A enquiry and prepare his report containing his recommendations only after hearing the petitioner also. Later, the respondents therein filed a Review Petition, which was disposed of by Exhibit P7 judgment. Review was sought on the ground that the enquiry was already completed and the report has been prepared. This was not accepted by this Court and this Court directed the 2nd respondent to hear the petitioner and prepare a report incorporating his recommendations regarding the objections and send that report to the competent authority.

Thereafter, the petitioner submitted Exhibit P9 objections before the Land Acquisition Officer. Exhibit P10 is the report made by the Land Acquisition Officer, after hearing the petitioner on 4.9.2010. The same is under challenge in this Writ Petition.

Exhibit P10 report has already been forwarded to the Land Revenue Commissioner, who will have to take a decision in the matter.

Mainly it is contended that none of the objections raised by the petitioner in Exhibit P9 have been considered by the Land Acquisition Officer while forwarding the report. The learned Counsel for the petitioner, therefore, prayed that the Land Acquisition Officer may be directed to forward the report after considering his objections or the petitioner may be granted an opportunity to apprise the Land Revenue Commissioner of the sustainability of his objections.

Exhibit P10 is only a report and final order is yet to be passed by the Land Revenue Commissioner. Therefore, the Writ Petition is disposed of with a direction to the Land Revenue Commissioner to hear the petitioner before any decision is finally taken on Exhibit P10 report. Since the Land Revenue Commissioner is not a party in the Writ Petition, the petitioner will forward a copy of the Writ Petition along with a copy of this judgment for compliance.

The Writ Petition is disposed of as above.