High Court of KeralaWP(C)/16981/2014disposed of

Sreejith M v. The State Of Kerala

2015-02-03Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936` WP(C).No. 16981 of 2014 (W) ---------------------------- PETITIONER(S):

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

1. SREEJITH. M, S/O.BALAKRISHNAN, SUBASREE, MALAPARAMBA CHEVAYUR, CALICUT.

2. DR.M.G.S.NARAYANAN, S/O.K.P.GOVINDA MENON, MAITRI MALAPARAMBA HOUSING COLONY, CHEVAYUR, CALICUT.

3. DR.VENUGOPAL.P.P., S/O.VELAYUDHAN.P.P., 2/20928, SOUPARNIKA SANKUNNI MASTER ROAD, OPPOSITE CIVIL STATION, CALICUT.

4. SANISH KUMAR.C., S/O.C.BHARATHAN, CHIRAKKAL HOUSE, MALAPARAMBA CHEVAYUR, CALICUT.

5. JUNAIZE KAMMAPPA, S/O.LATE DR.K.C.MOHIDEEN, 33/376-B, SERENDIP DESODHARINI CROSS ROAD, MALAPARAMBA, CHEVAYUR CALICUT.

6. SANTHOSH KUMAR.C., S/O.BHARATHAN, AJANTHA, MALAPARAMBA CHEVAYUR, CALICUT.

7. DR.P.A. LALITHA, D/O.K.N.A.ACHARYA, AMBLI, NADAKKAVU CROSS ROAD CALICUT.

8. M.RAMESAN, S/O.GOPALAN, VYSHAAVEEYAM, MALAPARAMBA CHEVAYUR, CALICUT.

9. RAGHUTHAMAN.P., S/O.BALAN.P., PANCHAMI, D.C.ROAD MALAPARAMBA, CHEVAYUR, CALICUT.

BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH SRI.VENKATESH GOPI

W.P (C) No.16981 of 2014 : 2 :

RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.

2. THE DISTRICT COLLECTOR, KOZHIKODE-673001.

3. THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT CIVIL STATION, KOZHIKODE-673001.

4. THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT CIVIL STATION, KOZHIKODE-673001.

5. THE KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

R4,R 5 BY ADV. SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD R3 BY ADV. GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16981 of 2014 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1: COPY OF THE NOTIFICATION PUBLISHED ON 28.11.2011 OF THE KERALA GAZETTE.

P2: COPY OF THE JUDGMENT IN WPC.NO.29373/2011 DATED 29.5.2013. P3: COPY OF THE ORDER NO.G.O(RT)NO.1523/2008/PWD DATED 8.9.2008. P4: COPY OF THE ORDER NO.G.O(MS)NO.23/2014/PWD DATED 26.2.2014. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.16981 of 2014 --------------------- Dated this the 3rd day of February, 2015

J U D G M E N T

The urgency clause under Section 17 of the Land Acquisition Act, 1894 ['the Act' for short] has obviously been invoked in the instant case. The notification under Section 4(1) of the Act was published on 28.11.2011 and the declaration under Section 6 of the Act was made on 20.4.2013. The petitioner apprehends that the land acquisition proceedings would lapse if the Award is not passed within 2 years from the declaration under Section 6 of the Act under Section 11 A thereof.

2. There is no justification in delaying the acquisition proceedings after having invoked the urgency clause dispensing with enquiry under Section 5A of the Act. Therefore the respondents shall endeavour to pass an award in terms of Section 11 of the Act before 31.3.2015 in the circumstances. Needless to say that the compensation payable on account of acquisition has to be worked out under Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.