IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH DAY OF DECEMBER 2011/29TH AGRAHAYANA 1933 WPC.No. 20587 of 2011 (W) ------------------------------------- PETITIONERS ------------------- PAYERI ASHRAF, 'NAZIGAR', MUZHUPPILANGADU P.O. KANNUR DISTRICT. NAZARI N.P., 'NAZIGAR', MUZHUPPILANGADU P.O. KANNUR DISTRICT. BY ADVS.SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE RESPONDENTS --------------------- 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001. 2 THE EXECUTIVE ENGINEER, P.W.D.(N.H. DIVISION) CIVIL STATION KANNUR-679003. 3 THE SPECIAL TAHSILDAR, LAND ACQUISITION (N.H.) KANNUR-679002. BY GOVT. PLEADER V.K.RAFEEQUE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 20587 OF 2011 APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF CERTIFICATE DT. 16.6.11 ISSUED BY MUZHUPPILANGADU PANCHAYAT P2: COPY OF THE NOTICE DT. 30.3.2010 ISSUED BY THE 3RD RESPONDENT U/S 9(3) OF THE LAND ACQUISITION ACT. P3: COPY OF REPRESENTATION DT. 29.6.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT RESPONDENTS EXHIBITS: ANNEX.R2(A): MINUTES OF MEETING \\TRUE COPY\\ P.A. TO JUDGE JM HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20587 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed for a direction commanding the 2nd respondent to assess the actual cost of construction of the structures including the residential building on the basis of the schedule of rate fixed by the PWD prevailed in the year 2010 without deducting any depreciation pursuant to Ext.P2 and on the basis of G.O.(MS). 07/2008/Transport (D) Department dated 1-2-2008 and for a direction commanding the 3rd respondent not to pass award pursuant to Ext.P2 till the 2nd respondent assesses the actual cost of construction of the structures mentioned above and in accordance with G.O.(MS). No.7/2008/Transport (D) Department dated 1-2-2008. 2. In connection with the acquisition of land for the construction of Moidu bridge in Thalassery-Kannur National Highway under the Fast Track Scheme, pursuant to the request of the 2nd respondent, the 3rd respondent has initiated proceedings to acquire the -2- W.P.(C).No.20587/2011 land of the petitioner also. The compensation for the land payable to the petitioner and other land owners was fixed in the meeting of the District Level Purchase Committee and land owners which was held at the Kannur Collectorate on 22/1/2011. The value of the petitioner's property was fixed at the rate of `1,67,000/- per cent as land value in the above negotiation. Petitioners contend that in the said meeting the respondents agreed that the compensation for the building proposed to be acquired will be fixed considering the actual cost of construction based on the PWD rate prevailed in the year 2010 without deducting any amount towards depreciation; but the 2nd respondent has fixed the value of the structures owned by the petitioner on the basis of the rate fixed by the PWD in the year 2006. 3. In the statement filed by the 2nd respondent it is stated that the averment in the writ petition that in the DLPC meeting held on 22/1/2011 it was agreed that the compensation for the building proposed to be acquired will be fixed at the PWD rate -3- W.P.(C).No.20587/2011 prevailed in the year 2010 along with the other benefits awarded in respect of the properties acquired for the Kannur Airport as per G.O.(MS).07/2008/Transport (D) Department, dated 1-2-2008 without deducting the amount towards depreciation, is baseless and not correct. It is also stated that in the DLPC meeting held on 22/1/2011 only the land value was fixed as `1,67,000/- per cent on negotiation with the land owners and that the valuation of the structures has been made based as SOR 2009 at the time of 4(1) notification applying allowance for depreciation. Ext.R2(a) is the copy of the minutes of the meeting. The 2nd respondent denied the contentions of the petitioners that the valuation of their structures were prepared on the basis of the rate prevailed in the year 2006. It is submitted on behalf of the 2nd respondent that the valuation of the structures falling in the land proposed to be acquired shall be prepared based on the PWD SOR prevailing at the time of 4(1) notification. The date of 4(1) notification was on 22/4/2009 and therefore the valuation of all the structures was prepared as per -4- W.P.(C).No.20587/2011 SOR 2009 which was rate prevailing at the time of notification. It is also pointed out that no other land owners approached the authorities or this Court requesting to re-fix the value for the valuation of the structures. The representation submitted by the petitioner dated 26/10/2011 was considered and reply was given to the petitioner vide letter dated 31/7/2011. It is further stated that the petitioner was informed in the said letter that it is not possible to re-fix the rate of valuation of the structures as per SOR 2010 vide reply letter referred above. The respondents took the stand that as per the Rules, it is not possible to re-fix the valuation as per SOR 2010, that therefore, the valuation of the building was prepared based on the SOR 2009 which was prevailed at the time of 4(1) notification and that no order was made on the basis of the negotiation. In the light of the statement of 2nd respondent and considering the facts and circumstances of the case, this Court is of the view that the petitioner is not entitled to the relief sought for in -5- W.P.(C).No.20587/2011 the writ petition. The writ petition is devoid of any merit. Accordingly, the writ petition is dismissed without prejudice to the right of the petitioner to pursue his remedies, if any, available to him, in accordance with law. HARUN-UL-RASHID, JUDGE. kcv.