VidhiSangh

Supreme Court of India · 27/09/2018

E.A. ABOOBACKER & ORS. versus STATE OF KERALA & ORS.

[2018] 12 S.C.R. 263 · 2018 INSC 899

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Summary

The Supreme Court held that the Special Tahsildar appointed for the Cochin Refineries acquisition lacked authority to act as Collector for the Infopark acquisition. The 1989 notification covered the specified refinery acquisition, not every acquisition in Ernakulam district, and the District Collector could not enlarge that appointment. The appeals were allowed and the High Court orders set aside. Relief was confined to these appellants; landowners who had accepted awards without challenging the officer’s authority could not claim its benefit. Lawful fresh acquisition remained open.

Issues

  1. Whether the 1989 notification authorised the Special Tahsildar to act as Collector for the later Infopark acquisition.
  2. Whether the District Collector could confer that statutory authority by assigning the work.
  3. Whether public interest excused failure to comply with the appointment procedure.
  4. Which landowners could benefit and whether lawful acquisition remained open.

Provisions considered

Held

Result

Appeals allowed and High Court orders set aside, with relief confined to the appellants. Appropriate fresh action to acquire the land according to law remained open.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 263.