The Division Bench of the Kerala High Court comprising Justice Devan Ramachandran and Justice M.B. Snehalatha has dismissed Writ Appeal No.944 of 2024 filed by N. Bharathi Amma challenging the judgment dated 03.06.2024 in W.P.(C) No.7466 of 2014. The appellant had sought a declaration that her land acquired for the Kallada Irrigation Project was taken without following due process, quashing of a Government Order permitting use of such land for other public purposes if the original purpose did not fructify, and a direction to the State to re-convey the property to her on the ground that the project had not materialised even after more than 37 years. The Court observed that the issues raised were not novel and had been answered repeatedly by the Supreme Court in the past.
The Bench noted that the appellant had never challenged the acquisition proceedings at any stage and had accepted the compensation without any demur or protest, nor had she sought enhancement of the compensation amount. It was argued on her behalf that the acquired land had remained idle and had become a haven for anti-social and deleterious activities, thereby constituting a nuisance to society, and that the Government Order was contrary to legislative policy. The Senior Government Pleader, on the other hand, contended that once acquisition is completed and the land vests in the Government, it becomes the absolute property of the State, rendering any prayer for re-conveyance impermissible in law, and that the project had not been abandoned but a revised plan was under consideration.
Placing reliance on a catena of Supreme Court decisions including State of Kerala v. M. Bhaskaran Pillai, Chandragauda Ramgonda Patil v. State of Maharashtra, Northern Indian Glass Industries v. Jaswant Singh, V. Chandrasekaran v. Administrative Officer, C. Padma v. Deputy Secretary to the Government of Tamil Nadu and several others, the Division Bench held that once land is validly acquired and vests in the State free from all encumbrances, the original owner becomes persona non grata and has no right to seek restitution or re-conveyance even if the land remains unutilised for the original public purpose or is put to any other public use. The Bench clarified that the impugned Government Order was in strict conformity with established legal principles and not violative of legislative policy. The inordinate delay of over 37 years in approaching the Court was also held to be fatal to any challenge against the acquisition.
While finding no reason to interfere with the judgment of the learned Single Judge, the Division Bench took note of the specific allegation that the acquired land had turned into a hub of anti-social activities. It observed that the Government, as absolute owner of the land, has a duty to ensure that such properties are not left in a deserted condition making them a cause of concern for society. Consequently, the Writ Appeal was dismissed but with a direction to the competent authorities among the respondents to ensure that the lands acquired for the project are properly maintained and put to appropriate use as statutorily and legally enjoined.
The case is titled N. Bharathi Amma v. State of Kerala and Others, bearing WA No.944 of 2024, and was decided on 03 March 2026 by the Division Bench comprising Hon’ble Mr. Justice Devan Ramachandran and Hon’ble Mrs. Justice M.B. Snehalatha.
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