The petitioners are the owners of 39.96 Ares of land situated in old survey No.560, 287, 561 and 278 of Iravon Village, Konni Panchayat in Pathanamthitta District. The petitioners' grievance is that without following the procedures as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a road being formed through the petitioners' property. This road is for the purpose of Government Medical College, Konni. In this matter counter-affidavit has been filed by the 4th respondent. It is submitted that proceedings are initiated under the Land Acquisition Act and a notification has been issued under Section 6(1) of the Land Acquisition Act as per Ext.R4(a). It is further submitted that all formalities have been complied in the matter for acquiring the land of the WP(C).No.4429/2014-C.
2 petitioner and the road will be constructed only after acquiring the land in terms of the Land Acquisition Act. On the other hand the learned counsel for the petitioners submits that the petitioners have not been served any notice under the Land Acquisition Act and no procedure has been complied either under the old Land Acquisition Act or under new Land Acquisition Act and also the Surveys and Boundaries Act. The petitioners have also a grievance that only the petitioners' property has been proceeded for construction of road after leaving the other's property on either side of the existing road. It is also stated that there is already a road and a new road is constructed only to cater some other private vested interest. I am of the view the petitioners' grievances need to be addressed by the District Collector. The petitioners have already approached the District Collector by Ext.P9. Therefore, the District Collector shall consider Ext.P9 after hearing the petitioners and take appropriate decision to alleviate the grievances of WP(C).No.4429/2014-C.
3 the petitioners. Needful shall be done within a period of four weeks. Till then the petitioners shall not be dispossessed from the property.
2. The interim order will be continued. If any decision is taken against the petitioners for acquiring the land, the actual dispossession of the petitioners' property shall be kept in abeyance for a further period of two weeks after communicating the petitioners.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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