High Court of KeralaWP(C)/3855/2014disposed of

Sankunni K P v. Union Of India

2015-07-16Honourable Mr.Justice V.Chitambaresh6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 PETITIONERS:

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1. SANKUNNI K P, AGED 61 YEARS S/O.KUNHU KUTTAN VAIDYAR, KUTTIPPALA PARAMBIL HOUSE AREEKKAD P.O., THALAKADATHUR, TIRUR-3.

2. KUNHI MOHAMMED, AGED 61 YEARS S/O.MAMMUTTY, MANDAKATHINGAL HOUSE, AREEKKAD P.O. THALAKKADATHUR, TIRUR-3.

3. P.J.BABU PUTHUPARAMBIL HOUSE, PANAGURAM P.O., ANGADIPPURAM.

4. A.VIJAYAKUMAR, AGED 57 YEARS S/O.A.NARAYANAN NAIR, ALLATH HOUSE, ANGADIPPURAM.

5. LALITHA, AGED 38 YEARS W/O.PRAJESH, VATTAKADATHIL HOUSE, ANGADIPPURAM P.O.

6. DEVIDAS POTTEKKAT, AGED 61 YEARS S/O.P.K.NARAYANAMENON, ARJUNA, ANGADIPPURAM.

7. N.P.VASANTHI, AGED 52 YEARS D/O.M.P.KESAVA MENON, ARJUNA, ANGADIPPURAM.

8. V.K.PADMINI BAI, AGED 61 YEARS KULANGARA (H), ANGADIPPURAM P.O.

9. K.PRABHAKARAN, AGED 70 YEARS S/O.N.APPUKUTTAN NAIR, KARTHIYATTIL HOUSE ANGADIPPURAM.

10. MUJEEB N.

S/O.HASSAN KUTTY HAJI, NACHIYANGAL (H), AREEKKAD THALAKADATHUR P.O., TIRUR-3.

11. NOUFAL M., AGED 26 YEARS S/O.KUNHI MOHAMMED, MANDAKATHINGAL (H), AREEKKAD THALAKADATHUR P.O., TIRUR-3.

12. K.RAMACHANDRAN AGED 83 YEARS S/O.GOPALAN THARAKAN, MAMTA, ANGADIPPURAM P.O.

13. GOPINATHAN A.K. AGED 49 YEARS S/O.KESAVAN NAIR, ARIPRA (H), THIRUKAD P.O.

14. A.KESAVAN NAIR ARIPRA (H), THIRUKAD P.O.

15. P.UNNIKRISHNAN, AGED 69 YEARS S/O.C.T.GOVINDAN THARAKKAN, AASHIRWAD ANGADIPPURAM P.O.

16. BASHEERUDEEN T.T.

S/O.SAIDALI MAULAVI, THONNAM THODI (H) MANATHUMANGALAM, PERINTHALMANNA P.O.

BY ADVS.SRI.DEVAN RAMACHANDRAN SRI.ADARSH KUMAR SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.S.NIKHIL SANKAR RESPONDENTS:

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1. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, 5TH FLOOR TRANSPORT BHAWAN, 1, SANSAD MARG GOKUL NAGAR, SANSAD MARG ROAD AREA, NEW DELHI - 110 001

2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

3. THE DIRECTOR GENERAL (ROAD DEVELOPMENT) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA, TRANSPORT BHAVAN, 1 PARLIAMENT STREET, NEW DELHI-110 001.

4. THE MINISTRY OF RAILWAYS REPRESENTED BY ITS CHAIRMAN, RAIL BHAVAN, RAFI MARG NEW DELHI-110 001.

5. THE ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA REPRESENTED BY ITS MANAGING DIRECTOR 2ND FLOOR, PREETHI BUILDING, M.V.ROAD PALARIVATTOM, KOCHI-682025.

6. THE CHIEF ENGINEER PWD- DESIGN AND ADMINISTRATION PUBLIC OFFICE BUILDING, P.O.MUSEUM THIRUVANANTHAPURAM - 695 001

7. THE SUPERINTENDING ENGINEER PWD, NATIONAL HIGHWAYS, (NH) NORTH CIRCLE, OPP. TO HEAD POST OFFICE, MANACHIRA CALICUT - 673 001

8. THE CHIEF ENGINEER CONSTRUCTION, SOUTHERN RAILWAY, COCHIN PIN-682016.

9. ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, NH SUB DIVISION PERINTHALMANNA - 679 322

10. NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS SECRETARY, DWARKA SECTOR 10 DWARKA, NEW DELHI - 110 001 * ADDL. R11 IS IMPLEADED

11. SPECIAL TAHASILDHAR, L A (GENERAL) MALAPPURAM * ADDL. R11 IS IMPLEADED AS PER ORDER DATED 07.04.2015 IN I.A. NO. 4951/2015 R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R1 & R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2, R6, R7, R9, R11 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R4 & R8 BY ADVS. SRI.N.B.SUNIL NATH, SC, RAILWAYS SRI.C.S.DIAS,SC, RAILWAYS SRI.THOMAS ANTONY R5 BY ADV. SRI.M.VIJAYA KUMAR, SC, RBDCK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 : TRUE COPY OF THE ORDER G.O.(RT)NO.559/2012/PWD DT.THIRUVANANTHAPURAM 31-3-2012.

EXHIBIT P2 : TRUE COPY OF THE LETTER F.NO.RW/NH-36092/1/12-S&R(B) DT.14-92012 ISSUED BY THE CHIEF ENGINEER, FOR DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL SECRETARY.

EXHIBIT P3 : TRUE COPY OF THE COMMON JUDGMENT DT.6-12-2012 IN WPC 8982/2012 AND WPC 9793/12 OF THIS HONOURABLE COURT. EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION FILED BEFORE THE SPECIAL TAHSILDAR, LAND ACQUISITION, MALAPPURAM DT.20-9-2013. EXHIBIT P5 : TRUE COPY OF THE ORDER G.O.(RT)NO.73/2011/PWD DT.17-1-2011 ISSUED BY THE ADDITIONAL SECRETARY TO GOVERNMENT. EXHIBIT P6 : TRUE COPY OF THE MANUAL OF SPECIFICATIONS AND STANDARDS OF THE NATIONAL HIGHWAY AUTHORITY.

EXHIBIT P7 : TRUE COPY OF THE SKETCH PERTAINING TO THE PROPOSED RAIL OVER BRIDGE.

EXHIBIT P8 : TRUE COPY OF THE STATEMENT FILED BY STATE OF KERALA IN WPC 9793/2012.

EXHIBIT P9 : TRUE COPY OF THE RTI APPLICATION DT.22-8-2013. EXHIBIT P10 : TRUE COPY OF THE COMMUNICATION DT.13-9-2013 MADE BY THE R5. EXHIBIT P11 : TRUE COPY OF THE RELEVANT PORTION OF THE PROJECT REPORT PERTAINING TO THE IMPUGNED ROB PROJECT.

EXHIBIT P11A : TRUE COPY OF THE RTI APPLICATION DATED 22.11.2011 EXHIBIT P12 : TRUE COPY OF THE REPLY MADE BY R9 DT.23-11-2011. EXHIBIT P13 : TRUE COPY OF THE RTI APPLICATION DT.20-3-2011. EXHIBIT P14 : TRUE COPY OF THE R5'S COMMUNICATION DT.28-4-2012. EXHIBIT P15 : TRUE COPY OF THE COMMUNICATION ISSUED UNDER THE LAND ACQUISITION ACT 1984, INTIMATING THE PETITIONERS ABOUT THE ACQUISITION PROCEEDINGS DT.8-10-2013.

EXHIBIT P16 : TRUE COPY OF THE COMMUNICATION DATED 19.03.2015 ISSUED BY THE SPECIAL TAHSILDAR, LA (GENERAL), MALAPPURAM EXHIBIT P17 : TRUE COPY OF COMMUNICATION DATED 29.5.2015 ISSUED BY SPECIAL TAHSILDAR L.A. (GENERAL) MALAPPURAM RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT R11(a) : TRUE COPY OF G.O. (RT) NO. 4253/14/RD DATED 01.09.2014 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). No. 3855 of 2014 ---------------------------------------- Dated this the 16th day of July, 2015

JUDGMENT

The acquisition is for the purpose of constructing an approach road to the Railway Over Bridge. The physical possession of the property had long ago been taken. It transpires that an award was also passed on 29.05.2015. 2.

Such an award is only a tentative assessment of compensation. This is subject to further determination under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The right of the petitioners under the Act aforesaid is however safeguarded.

No further directions are warranted. The writ petition is disposed of.

V. CHITAMBARESH JUDGE