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P.A. Johny v. State of Kerala

  • Land

Land Law – Reservation of land for public purposes is different from the assignment of land to the deserving persons in contemplation of law.

Land Reforms Act, 1963 (Kerala) – Section 96 – Land Reforms (Ceiling) Rules, 1970 (Kerala) Rule 32 Assignments of land by Land Board Reservation for public purposes.

The Land Board was vested with ample powers to earmark any land vested in the Government under section 86 or section 87, irrespective of the extent prescribed for assignment to any person limiting to 1 acre. The Land Board is vested with powers at any stage after a land is surrendered or taken possession of and before the execution of the deed of assignment under sub-rule (2) of rule 31, reserve any such land or portion thereof for public purpose.

Appellant has no case that any of the provisions of section 96 of Act 1963 or Rules, 1970 is violated by the Land Board while reserving land for public purpose. It is also clear that the land was reserved for construction of Police quarters, which cannot be said to be not a public purpose at any stretch of imagination, because it is for the protection , safety and welfare of the citizens by maintaining law and order, and to translate the intentions of the fundamental rights guaranteed under the Constitution of India the police force is maintained by the State. [Para 16]

Present : The Honourable The Chief Justice Mr. S. Manikumar & The Honourable Mr. Justice Shaji P. Chaly

Case Number : W.A. No. 1334 of 2021; 7 January 2022 against the Judgment in W.P. (C) 34034/2014 of High Court of Kerala

Appellant / Petitioner in W.P. (c) by Advs. Sumathy Dandapani (Sr.), Millu Dandapani, Respondents by Advs. C.K. Govindan, L.P. Aravindakshan, K.P. Harish, Senior Government Pleader