IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 31135 of 2007(F) -------------------------- PETITIONERS: ------------ 1. K.V.NARAYANAN,K.K.V.HOUSE, P.O.VENGARA KANNUR-670 305. 2. C.P.HASHIM,S/O.ABDUL KAREEM,VELLACHAL P.O.VENGARA KANNUR-670 305. 3. V.SHEEJA, D/O. A. PADMANABHAN, P.O.VENGARA KANNUR-670 305. 4. A.KUNHAMBU,S/O. V.V.RAMAN, P.O.VENGARA KANNUR-670 305 5. P.JANAKI, D/O. KUNHAPPA, P.O.VENGARA KANNUR-670 30 6. B.P.SUGUNAN,S/O. B.P.KUNHIRAMAN, P.O.VENGARA KANNUR-670 305 7. B.P.JAYARAJAN,S/O.DO...DO.. 8. A.PADMANABHAN,S/O. V.V.RAMAN, P.O.VENGARA KANNUR-670 305 9. P.RAJESH,S/O.P.P.KUNHIRAMAN, P.O.VENGARA KANNUR-670 305 BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: ------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WP(C) No.31135/2007 2 3. THE DISTRICT COLLECTOR, KANNUR. 4. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS & BUILDINGS), THIRUVANANTHAPURAM. 5. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS & BUILDINGS), KANNUR. 6. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS & BUILDINGS), KANNUR. 7. THE SPECIAL TAHSILADAR, (LAND ACQUISITION) EZHIMALA NAVAL ACADEMY, PAYYANNUR, KANNUR. 8. THE FLAG OFFICER COMMANDING IN CHIEF SOUTHERN NAVAL COMMAND, KOCHI. R8 BY ADV. SRI.M.R.JAYAPRASAD, CGC R1 TO R7 BY SR. GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE NOTIFICATION ISSUED BY 7TH RESPONDENT DATED 28.2.2007 EXT.P2(a) SITE PLAN, DATED NIL EXT.P2(b) SITE PLAN, DATED NIL EXT.P3 TRUE COPY OF THE REPRESENTATION MADE BY THE 8TH PETITIONER DATED 1.6.2006 EXT.P4 -DO- MADE BY THE LOCAL PEOPLE BEFORE RESPONDENT NO.1 DATED NIL EXT.P5 -DO- MADE BY THE PETITIONERS BEFORE RESPONDENT NO.6, DATED NIL EXT.P6 -DO- MADE BEFORE THE FIRST RESPONDENT DATED 3.8.2007 EXT.P7 TRUE COPY OF THE ORDER PASSED BY RESPONDENT NO.1 DATED 24.8.2007 //TRUE COPY// K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.31135 of 2007 F ------------------------------------------------- Dated, this the 18th day of March, 2008 JUDGMENT This is the second Writ Petition filed challenging a notification issued by the Land Acquisition Officer for acquiring land for the construction of a railway over bridge to have a connectivity to the Naval Academy, Ezhimala. According to the petitioners if the land already notified is acquired a number of residential buildings, shopping complexes and buildings under construction will have to be acquired and huge amount is to be paid as compensation. In the counter affidavit filed by the State this statement was denied. It was contended that as per the present proposal more than 150 metres of the existing road can be used and thereafter only private land is to be acquired. It was also contended that if the alternate alignment proposed by the petitioners is accepted five residential buildings are to be acquired for which a huge amount is to be paid as compensation. According to the respondents the cost of buildings, value of land, etc. will be much more than the amount now required for the present acquisition. Petitioners have filed a reply affidavit reiterating that in the alternate alignment proposed by them there is only one unoccupied and dilapidated house and it is not correct to say that five houses will have to be acquired. It was contended that by proceeding with the proposed acquisition six houses, four shopping complexes WP(C)No.31135/2007 2 having 26 rooms and three houses under construction along with a portion of private land are to be acquired and the total compensation which the requisitioning authority will have to be paid will be much more than what is required for the proposed acquisition of the alternate site. 2. Learned Government Pleader submits that change of alignment is likely to create other practical difficulties also. Petitioners have submitted that they are prepared to take out a Commission. But I am of the view that instead of delaying the matter by appointing a Commissioner the matter can be disposed of with a direction to the third respondent District Collector to conduct a joint inspection of the present notified area and also the alternate proposal made by the petitioners along with the fifth respondent with the assistance of District Survey Superintendent/Deputy Director (Survey), Kannur, with due notice to the petitioners. The District Collector, Kannur as well as the requisitioning authority shall have a rough estimate regarding the total amount that has to be spent for acquisition of the existing proposal and also the alternate proposal suggested by the petitioners, its technical feasibilities and other aspects and shall take a decision. Before conducting the joint inspection the District Collector shall give notice to the petitioners and allow the petitioners or their representative to be present at the site at the time of inspection. Joint inspection and decision shall be taken within a period of two months from the date of receipt of a copy of this judgment. Until WP(C)No.31135/2007 3 such a decision is taken the land acquisition proceedings shall stand suspended. K. PADMANABHAN NAIR, JUDGE. cks