High Court of KeralaWP(C)/34915/2014disposed of

V.P.Rasheed v. District Collector

2015-02-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 34915 of 2014 (L) ---------------------------- PETITIONER(S)/PETITIONER:

----------------- V.P.RASHEED, AGED 58 YEARS PROPRIETOR, M/S E ORIENTAL TIMBERS, NH BYPASS EDAPPALLY, ERNAKULAM.

BY ADVS.SRI.SHAIJAN C.GEORGE SMT.S.REKHA KUMARI SRI.M.T.AJITH SMT.SAJITHA GEORGE RESPONDENT(S)/RESPONDENTS:

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1. DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KAKKANAD ERNAKULAM-682 030.

2. DEPUTY COLLECTOR(LA NO.1), KOCHI METRO RAIL PROJECT, CIVIL STATION, KAKKANAD ERNAKULAM-682030.

3. MANAGING DIRECTOR, KOCHI METRO RAIL LTD, REVENUE TOWER, PARK AVENUE ERNAKULAM-682018.

R3 BY ADV. SRI.K.JAJU BABU (SR.) R3 BY ADV. SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. R BY GOVERNMENT PLEADER SRI.TOM K THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, ALONG WITH W.P.(C) NO.2645/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34915 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 TRUE COPY OF THE CROSS PROPOSAL DATED 30.10.2014 EXT.P2 TRUE COPY OF THE JUDGMENT IN WP(C)5055/13 DATED 7.11.14 EXT.P3 TRUE COPY OF THE NOTICE DATED 25.11.14 EXT.P4 TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 4.12.2014 EXT.P5 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.419/11/RD DATED 15.11.2011 EXT.P6 TRUE COPY OF THE GO(RD)NO.3085/14 DATED 5.7.14. RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P.(C) Nos.34915/2014 & 2645/2015 --------------------- Dated this the 6th day of February, 2015

J U D G M E N T

The respondents submit that the market value of the land in addition to 100% solatium would be paid to the petitioner. This is the rate arrived at by the District Level Purchasing Committee. 80% of the said amount is being disbursed now in view of the urgency clause invoked. The petitioner is free to pocket the money without prejudice to his rights. The right of the petitioner to claim enhanced compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 in not impaired in other words. The respondents undertake to pay the money to the petitioner on his executing the requisite agreement and on production of the document. A copy of the plan and site mahazar (if any prepared) shall also be furnished by the fourth respondent to the petitioner. No further contentions are urged.

The Writ Petitions are disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.