High Court of KeralaWP(C)/4871/2015disposed of

C.I.Rosily v. Special Tahsildar (La), Kochi Metro Rail Projects

2015-04-07Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 4871 of 2015 (H) --------------------------- PETITIONER:

------------------ C.I. ROSILY, W/O. VARKICHAN, EDASSERY HOUSE, ALUVA, ERNAKULAM DISTRICT.

BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS:

------------------------

1. SPECIAL TAHSILDAR (LA), KOCHI METRO RAIL PROJECTS, CIVIL STATION, KAKKANAD, KOCHI-30.

2. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT.

3. KOCHI METRO RAIL LTD. REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, 8TH FLOOR, REVENUE TOWER, PARK AVENUE, KOCHI-11.

4. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

R1,R 2,R 4 BY GOVERNMENT PLEADER SRI. TOM K. THOMAS BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. BY SRI. JAJU BABU (SENIOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-04-2015, ALONG WITH WPC. 4480/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4871 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - TRUE COPY OF THE NOTICE ISSUED BY THE LAND ACQUISITION OFFICER DATED 20-12-2012 EXT.P2 - TRUE COPY OF THE NOTICE ISSUED BY THE LAND ACQUISITION OFFICER DATED 20-12-2012 EXT.P3 - TRUE COPY OF THE REPRESENTATION DATED 28-11-2012 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

EXT.P4 - TRUE COPY OF THE PROPOSAL DATED 17-12-2012 WITH ALL DETAILS EXT.P5 - TRUE COPY OF THE NOTIFICATION DATED 03-10-2013 EXT.P6 - TRUE COPY OF THE NOTICE DATED 02-02-2015 ISSUED BY THE 1ST RESPONDENT EXT.P7 - TRUE COPY OF THE NOTICE ISSUED BY TAHSILDAR DATED 28.03.2015.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 4871 OF 2015 AND 4480 OF 2013 -------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The land acquisition is for the purpose of prestigious metro rail project. Emergency clause is evidently seen invoked. The notification dated 07.09.2013 under the Land Acquisition Act has been passed on. The property of the petitioner is ear marked for multi level car parking. This is the place from where the metro rail starts at Aluva.

The price fixed inclusive of 100% solatium comes to `25 lakhs per cent. 80% of the same would be disbursed to the petitioner. This is on the petitioner producing the documents of title and executing agreements. Its receipt would not prejudice the claim of the petitioner under the Right to Fair Compensation, Rehabilitation and Resettlement Act, 2013.

The property is now in the custody of the Special Tahsildar. The petitioner is free to remove the movables

WP(C) No. 4871/2015 & 4480/2013 therefrom. The value of implements has already been assessed by KITCO. The possession has been taken after giving prior notice to the petitioner as well. Nothing survives in WP(C) No. 4480/2013 filed by the petitioner earlier.

The Writ Petitions are disposed of.

V. CHITAMBARESH JUDGE ncd