IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 37144 of 2008(V) -------------------------- PETITIONER: --------------- SUHARA, AGED 48 YEARS, W/O.ABBAS HAJI, RESIDING AT KARAPPURATH HOUSE, CHAMAKKALA.P.O., THRISSUR DISTRICT, PIN 680 687. BY ADV. SRI.K.K.ASHKAR SMT.ASHIRA MOHAMED ASHROF RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, KODUNGALLUR TALUK. 3. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR, LA GENERAL, THRISSUR. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER , SRI.K.V.MANOJ KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/5/2009, ALONG WITH W.P.(C) NOS.35097/2008 & 2304/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37144/2008 APPENDIX PETITIONER'S EXTS: EXT.P1(a): COPY OF THE TAX RECEIPT DT.15.11.2008 OF THE PROPERTY COMPRISED IN SY.NO.35/1 OF CHENTHRAPPINNY VILLAGE OWNED BY THE PETITIONER BY VIRTUE OF SALE DEED NO.1469/2004 OF THRIPRAYAR SUB REGISTRY. EXT.P1(b): COPY OF THE TAX RECEIPT DT.11.07.2008 OF THE PROPERTY COMPRISED IN SY.NO.35/1 OF CHENTHRAPPINNY VILLAGE OWNED BY THE PETITIONER BY VIRTUE OF SALE DEED NO.2950/2007 OF THRIPRAYAR SUB REGISTRY. EXT.P1(c): COPY OF THE TAX RECEIPT DT.15.11.2008 OF THE PROPERTY COMPRISED IN SY.NO.32/4 OF CHENTHRAPPINNY VILLAGE OWNED BY THE PETITIONER BY VIRTUE OF SALE DEED NO.3113/2004 OF THRIPRAYAR SUB REGISTRY. EXT.P2: COPY OF THE AGREEMENT FOR SALE DAT.10.8.2008 ENTERED BETWEEN THE PETITIONER AND ANOTHER FOR SALE OF A PORTION OF PETITIONERS PROPERTY. EXT.P3: COPY OF THE NOTIFICATION NO.F-681/2008 DT.6.11.2008 PUBLISHED IN DESHABHIMANI DAILY DT.13.11.2008 BY THE 3RD RESPONDENT. EXT.P4: REPRESENTATION DT.14.11.2008 ADDRESSED TO THE 1ST RESPONDENT DISTRICT COLLECTOR BY THE PETITIONER. EXT.P5: COPY OF THE G.O.(RT) NO.489/2008/DMD DT.7.2.2008 ISSUED BY DISASTER MANAGEMENT (TRP-CELL) DEPARTMENT. EXT.P6: COPY OF THE G.O.(RT) NO.2113/2008/DMD DT.25.6.2008 ISSUED BY DISASTER MANAGEMENT (TRP-CELL) DEPARTMENT. EXT.P7: COPY OF THE PROCEEDING OF LAND REVENUE COMMISSIONER DT.18.10.2008 VIDE NO.LRC3-43002/2008. EXT.P8: COPY OF THE VILLAGE WISE DATA OF DAMAGED HOUSES IN THRISSUR DISTRICT SUBMITTED AS ANNX-A2, PAGE A8 BY GOVT OF KERALA IN ITS MEMORANDUM TO GOI SEEKING ASSISTANCE FOR TSUNAMI RELIEF MEASURES FROM NCCF. W.P.(C) NO.37144/2008 EXT.P9: COPY OF THE RELEVANT PAGE NO.35 OF CAG AUDIT REPORT (CIVIL) FOR THE YEAR ENDED 31.3.2006- VOL.1. EXT.P10: COPY OF THE DISTRICT WISE REQUIREMENT OF AMOUNT FOR RECONSTRUCTION OF HOUSES DAMAGED IN TSUNAMI SUBMITTED AS ANNX-A2, PAGE A2 BY GOVT. OF KERALA IN ITS MEMORANDUM TO GOI SEEKING ASSISTANCE FOR TSUNAMI RELIEF MEASURES FROM NCCF. EXT.P11: COPY OF THE INFORMATION DT.8.4.2008 FURNISHED BY THE PUBLIC INFORMATION OFFICER, COLLECTORATE, THRISSUR TO ONE MR.V.G.VASU, MAMMIYUR. /TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C)Nos.37144, 35097 OF 2008 & 2304 OF 2009 ---------------------------------------------- Dated this the 27th day of May, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.P.(C)No.37144/2008: The petitioner owns 2.70 acres of land in Survey Nos.35/1, 32/4 & 32/5 of Chenthrappinny Village of Kodungalloor Taluk. A portion of the said land is now sought to be acquired by the Government for Tsunami Rehabilitation Scheme. Ext.P3 is the notification issued by the Land Acquisition Officer under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). As per Ext.P3, about one acre of the above said property is sought to be acquired. The Land Revenue Commissioner has passed Ext.P7 proceedings dated 18.10.2008 to invoke the emergency clause under Section 17(4) and to dispense with the enquiry under Section 5A of the Act. This writ petition is filed challenging Exts.P3 and P7. W.P.(C) No.37144/2008& Connected cases 2 2. The petitioner submits, the invocation of emergency clause under Section 17(4) was unjustified. For the lapses of the officials, the land owners should not be denied an opportunity to represent against the acquisition of their land. There are no Tsunami affected persons in Chenthrappinny panchayat and therefore the acquisition of land for rehabilitation of Tsunami victims was unnecessary. Barren land sufficient to rehabilitate the victims was available near the beach. So, the acquisition of the petitioner's property, which lies at a distance of 3 kms from the coastal line, was unnecessary. Only three houses were damaged by Tsunami in Thrissur District and therefore, the acquisition of 43 acres for rehabilitation of the victims is also unwarranted. Therefore, the petitioner prayed for quashing Exts.P3 and P7. 3. The respondents have filed a counter affidavit stating that in view of the time frame fixed by the Central Government for implementation of the Tsunami Rehabilitation Programme, the emergency clause was invoked. The original time schedule fixed for implementation of the scheme expired on 31.3.2009. W.P.(C) No.37144/2008& Connected cases 3 Now the time for acquisition of land has been extended upto 30.6.2009 and for implementation of the scheme has been extended upto 31.12.2009. The respondents also submitted that though the scheme is called Tsunami Rehabilitation Programme, it is meant to resettle not only the victims of the Tsunami but also to resettle the households that are vulnerable to devastations like sea erosion caused by the nature in every year. It is also submitted that resettlement and rehabilitation of the people of this vulnerable areas to safer locations is a major part of the Governmental policy, under the Tsunami Rehabilitation Programme. So, the number of Tsunami affected persons or their absence in Thrissur District is not relevant while implementing the scheme, it is submitted. They also dispute all the contentions of the petitioner's and assert that acquisition of the land emergently is required to complete the scheme within the stipulated time limit. 4. Having regard to the time frame fixed by the Central Government, the competent authority has decided to invoke the emergency clause. In these matters, the judgment of the W.P.(C) No.37144/2008& Connected cases 4 competent authority should prevail and this Court cannot sit in appeal over such decisions and substitute our decisions for that of the competent authority. The choice of sites is also a matter within the realm of the administrator. Based on bald assertions that alternative sites are available, this Court cannot interfere with the choice of sites also. Going by the submissions made by the respondents, we feel that the acquisition invoking the emergency clause was fully justified. Therefore, we find no reason to interfere with the acquisition proceedings. Accordingly, the challenge against Exts.P3 and P7 fails and the writ petition is dismissed. W.P.(C).Nos.35097 OF 2008 & 2304 OF 2009 ------------------------------------------------------------ The petitioners are the land owners, whose lands are sought to be acquired for Tsunami Rehabilitation Programme. They challenged the invocation of the emergency clause under Section 17(4) of the Act for acquiring their land. They also say that there are no Tsunami victims in Thrissur District and therefore the acquisition of land for the purpose of W.P.(C) No.37144/2008& Connected cases 5 rehabilitatation of Tsunami victims is unwarranted. The point raised by the petitioners is covered against them by the decision of this Court in W.P.(C) No.37144/2008, which we have already dismissed. In view of the said judgment, these Writ Petitions are also dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps