K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.14768 of 2004 G ------------------------------------------------- Dated, this the 27th day of November, 2007 ORDER This Writ Petition was filed in the year 2004 challenging a notification issued by the Land Acquisition Officer for acquiring land for widening a portion of Pallimukku Petta-Anayara road. Though the road is having a total length of 4.5 kms. only the portion of the road from Petta level cross to Bhagat Singh Junction is covered by the notification. It is submitted that Railway had sanctioned an over bridge at this place and land is to be acquired for the approach road on either side of the over bridge. Railway has filed an affidavit stating that the width of the proposed railway over bridge is 12 metres but it must have an approach road on either side having a width of 19 metres. It is submitted by learned Government Pleader that unless the land necessary for the approach road on either side of the over bridge is acquired and made available the project itself may lapse. Considering the urgency of the matter the land necessary for the construction of approach road on either side of the over bridge is to be acquired. The Government can acquire the necessary land pointed out by the requisitioning authority. The extent of the land to be acquired on either side of the railway over bridge shall be fixed by the Chief Engineer, Roads Division, Public Works Department in consultation with the Chief Engineer/Deputy Chief Engineer (Construction), Southern Railway, Thiruvananthapuram. If any land covered by WP(C) No.14768/2004 -: 2 :- the notification impugned in this Writ Petition is also required, that land can also be taken possession along with the land proposed to be acquired on the other side of the railway over bridge. 2. In the counter affidavit filed by the TRIDA it is stated that originally there is a sanctioned master plan. As per that master plan the width of the roads in the Thiruvananthapuram City was fixed between 12 metres and 18 metres. It is also submitted that as per the revised master plan the width of the roads is suggested as 16 metres and as per the road net work plan for 2011 the width of the road is fixed as 16 metres. The present acquisition is for a width of 18 metres which is stated to be on the strength of a letter written by the Secretary of TRIDA. The Secretary of TRIDA has filed an affidavit stating that he is not in a position to state as to under what circumstances the above said letter was written and that letter was seen issued by the then Town Planner of TRIDA for the Secretary. It is also stated that even that file is missing. 3. In view of the suspicious circumstances it is only just and proper that before respondents 1 to 8 take any further action for widening of road, a final decision is taken regarding the width of the roads alone in the road net work plan for 2011 in the revised master plan yet to be finalised. It is submitted by the standing counsel for TRIDA that the revised master plan is pending with the Chief Town Planner and he is the competent authority to take a decision. So there will be a direction to the Chief Town Planner to take a final decision regarding revised WP(C) No.14768/2004 -: 3 :- master plan as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. I make it clear that this interim order is not applicable to the widening of the roads which are already undertaken b y TRIDA under the Capital Region Development Programme and widening of those roads can proceed in accordance with the notifications already issued. It is made clear that this restriction is not applicable for the acquisition for the purpose of construction of approach road for any railway over bridge in Thiruvananthapuram City. Post after three months. K. PADMANABHAN NAIR, JUDGE. cks 'C.R.' K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.14768 OF 2004 AND W.P(C) NO. 7629 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008 J U D G M E N T -------------------- W.P(C) NO.14768 OF 2004 The challenge in this Writ Petition is directed against Section 4(1) notification issued under the Land Acquisition Act by the Land Acquisition Officer for widening a portion of Pallimukku-Anayara road, Pettah, Thiruvananthapuram. Though initially the notification proposed was for widening the road, during the pendency of the proceedings, a Railway Over Bridge was sanctioned and respondents took a stand that this particular land is necessary for the construction of the approach road to the Over Bridge. Initially the dispute was regarding the width of the road. At one stage it was fixed at 18 metres. Later it was reduced to 12 metres and again it was increased to 18 metres. After considering the material on record, on 24.7.2007 this Court found that as per the revised Master Plan the width of the roads of this nature was fixed as 16 metres. This Court directed the Chief Town Planner to take W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 2 :- a final decision regarding the revised Master Plan as expeditiously as possible, at any rate, within three months from the date of receipt of the copy of that order. No action is seen taken in the matter. No petition for extension of time fixed is also seen filed. The Director of Vigilance and Anti corruption Bureau was directed to conduct an enquiry and submit a report. A report was filed and this Court accepted that report. 2. On 27.11.2007 this Court passed an interim order to the effect that the land involved in this case can be taken possession along with the land on the other side of the Railway Over Bridge for the purpose of the construction of the approach road. On 17.12.2007 this Court permitted the respondents to take possession of the land after passing the award without any fresh notification. This Court also permitted the respondents to take possession of land for which awards were already passed. W.P(C) NO.7629 OF 2008 3. The petitioners are residents and land owners on either side of Pallimukku Petta Anayara road. They are challenging Exhibit P1 order dated 4.11.2003 by which W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 3 :- sanction was accorded to invoke urgency clause for acquisition. They are also seeking a direction to the respondents to commence the road widening works equally, uniformly and simultaneously from both sides of Pettah- Anayara road without restricting the same to one place alone. On 12.3.2008 I had issued a direction to the respondents to value the building, gate, compound wall, etc. It is submitted by the learned Government Pleader that the work is in progress and it will take some more time to fix the value. In various orders I had made it clear that since the purpose of acquisition of the land is for construction of approach road to the Railway Over Bridge, possession of the property can be taken after passing the awards. I had also issued a direction to the respondents to take steps for acquisition of land from the southern side of the Railway Over Bridge also. I had also clarified that the respondents shall not take possession of the disputed land without acquiring land from the southern side of the proposed Railway Over Bridge. 4. Shri T.G. Sunil, Senior Government Pleader, submits that the requisitioning authority has forwarded a requisition to acquire land from the southern side of the proposed Over W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 4 :- Bridge also and after observing all formalities necessary notification will be issued as expeditiously as possible. It is submitted that in the case of petitioners in Writ Petition No.7629 of 2008, awards were passed long back and the respondents are bound to pay interest at 15% to the land owners. 5. I have heard Shri N.Nandakumara Menon, learned Senior Counsel and Shri Sooraj T.Elenjickal, appearing for the petitioners in both the Writ Petitions, Shri T.G. Sunil, learned Senior Government Pleader, learned Standing Counsel for Railways and TRIDA. 6. After hearing both sides, I am of the view that the Writ Petitions can be disposed of with certain directions. On 27.11.2007 I had passed an interim order. The operative portion of the same reads as follows: “In view of the suspicious circumstances it is only just and proper that before respondents 1 to 8 take any further action for widening of road, a final decision is taken regarding the width of the roads alone in the road net work plan for 2011 in the revised master plan yet to be finalised. It is submitted by the standing counsel for TRIDA that the W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 5 :- revised master plan is pending with the Chief Town Planner and he is the competent authority to take a decision. So there will be a direction to the Chief Town Planner to take a final decision regarding revised master plan as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. I make it clear that this interim order is not applicable to the widening of the roads which are already undertaken by TRIDA under the Capital Region Development Programme and widening of those roads can proceed in accordance with the notifications already issued. It is made clear that this restriction is not applicable for the acquisition for the purpose of construction of approach road for any railway over bridge in Thiruvananthapuram City”. 7. The aforesaid order will continue to be in force until the revised master plan is finalised. 8. The respondents can take possession of the properties in W.P(C) No.14768 of 2004 which are situated in the northern side of the proposed Railway Over Bridge only after issuing Section 4(1) notification in respect of the properties situated on the southern side. It is made clear that after issuing the notification under Section 4(1) of the Act, W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 6 :- possession of properties involved in both these Writ Petitions can be taken. The competent authority shall value the improvements effected by the persons in possession of land to be taken possession such as building, gate, compound wall, etc. In case any dispute arises regarding the value so fixed, the same shall be referred to the Land Acquisition Court for determining that point. The Government should expedite the acquisition proceedings in respect of the properties situated on the southern side of the proposed Railway Over Bridge and required for the construction of the approach road to the proposed Railway Over Bridge. 9. Writ Petitions are disposed of with the above observations and directions. Interlocutory Application No.4811 of 2007 shall stand disposed of vide judgment. K. PADMANABHAN NAIR, JUDGE. vsv W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 7 :- K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008 W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 8 :- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = W.P(C) NO. 14768 OF 2004 AND I.A. NO. 6729 OF 2007 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of September, 2007 O R D E R ----------------- Standing Counsel for the additional 9th respondent seeks three weeks' to file counter affidavit. Prayer is allowed. 2. In the counter affidavit to be filed, the additional 9th respondent shall state details regarding how many Railway overbridges in Kerala are having a width of 12 metres and how many of them are having approach roads having a width of 19 metres. The affidavit shall be filed within three weeks from today. 3. There will be a direction to the Secretary, TRIDA, to file an affidavit stating as to under what circumstance the Secretary had written Exhibit R1(a) letter dated 28.9.2002 though there is an averment in the statement filed to the effect that the particular road does not fall under the present W.P(C) NO. 14768 OF 2004 & W.P(C) NO. 7629 OF 2008 -: 9 :- ongoing Capital Region Development Programme being implemented by TRIDA. The Secretary, TRIDA, shall also specify as to what exactly is the present position of the Master Plan. The affidavit shall be filed within three weeks from today. I.A. NO.6729 OF 2007 ----------------------------- Petitioners in the I.A. will be impleaded as additional respondents in the Writ Petition. It is seen that the petitioners in the I.A. have already filed a counter affidavit and the petitioners in the Writ Petition have filed a reply affidavit also. Hand over copy of the order to the petitioners and additional respondents 6 and 9 in the Writ Petition. Post the Writ Petition on 1.10.2007. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ================================ M.F.A. =============================== J U D G M E N T ------------------------------------------------------ TH AUGUST, 2007