IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 19553 of 2011(T) ----------------------------------- PETITIONER(S) : ---------------------- V.SARATHCHANDRAN NAIR, AGED 60 YEARS, S/O.VASUDEVAN PILLAI, CHANTHU NIVAS, PULIYOOR GARDENS, NALANCHIRA, THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, PUBLIC OFFICE, OPP: MUSEUM, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE SPECIAL TAHSILDAR, L.A., PWD SOUTHERN CIRCLE, THIRUVANANTHAPURAM. 5. VILLAGE OFFICER, ULLOOR. 6. NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, 9-586, DWARAKA, SECTOR-10, NEW DELHI. R1 TO R5 BY GOVT. PLEADER SMT. P. MAYA. R6 BY ADV. SRI.THOMAS ANTONY , S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO. 19553/2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : COPY OF LETTER DATED 31.12.2007 SENT BY THE PETITIONER TO THE 4TH RESPONDENT. EXT. P2 : COPY OF THE NOTICE DATED 13.3.2007 ISSUED BY THE FOURTH RESPONDENT. EXT P3 : COPY OF THE REPRESENTATION DATED 25.03.2008 TO THE THIRD RESPONDENT DISTRICT COLLECTOR. EXT. P4 : COPY OF THE COMMUNICATION DATED 17.04.2008 ISSUED BY THE THIRD PETITIONER. EXT. P5 : COPY OF THE AWARD PASSED BY THE FOURTH RESPONDENT. EXT. P6 : COPY OF THE APPLICATION DATED 16.11.2010 UNDER RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS : EXT. R4(A) : COPY OF THE LETTER DATED 21.12.2007. EXT. R4(B) : COPY OF AWARD. EXT. R4(C) : COPY OF EVICTION LIST. / TRUE COPY / P.A. TO JUDGE NS HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 19553 of 2011 --------------------------------------- Dated this the 15th day of November 2011. JUDGMENT The writ petition is filed seeking to quash Exts. P4 & P5 to the extent of declining to pay the amount of Rs. 3,00,132/- to the petitioner and for a direction directing the respondents to pay the awarded amount of Rs. 3,00,132/- as compensation as per Exts.P2 and P5 to the petitioner with interest. 2. Petitioner is the owner of the property to the extent of 1.80 ares comprised in Survey No. 235/9 in Ulloor Village. A portion of the property of the petitioner and properties owned by others are acquired for the purpose of widening Mannanthala-Kesavadasapuram road. The petitioner by Ext.P1 communication addressed to the Special Tahsildar dated 31.12.07 expressed his willingness to surrender 0.20 cents of land for the road development free of cost. Ext.P2 is the copy of the award notice. In Ext.P2 the extent of land acquired and compensation amount awarded are mentioned. Ext.P3 is the representation of the petitioner addressed to the District Collector dated 25.3.2008. In Ext.P3 it is stated that the petitioner offered to surrender ½ cent of land free of cost for W.P.(C) No.19553/2011 2 the development of the road. It is stated in Ext.P3 that considering the present financial position of the petitioner he wanted money awarded as compensation for the property acquired and therefore, requested the District Collector to disburse the amount determined as award amount. Ext.P4 is the communication addressed by the District Collector to the petitioner informing him that since the petitioner offered the property free of cost, his request to disburse the award amount cannot be considered. Ext.P5 is the true copy of the award passed by the 4th respondent. The extent of property acquired is 0.20 cents, the compensation fixed for the land, building and other improvements is Rs. 3,00,132/-. Petitioner submits that he never relinquished his right to compensation for the property as stated in Ext.P4 communication, that he had issued Ext.P1 letter to the 4th respondent stating that he was ready to surrender 0.20 cents and to demolish the shop rooms at his cost provided he should be given relaxation for the construction of the shop rooms in the above said property. It is also pointed out that on a perusal of Ext.P1, its last portion was struck off by the 4th respondent regarding the portion claiming relaxation of construction of rooms in the remaining property so as to admit that the petitioner has relinguished W.P.(C) No.19553/2011 3 his property without any condition. 3. Petitioner submits that he is solely depending upon the income from the shop rooms which is acquired and demolished by the respondents and that the respondents have a legal duty either to give relaxation to construct the shop rooms in the property or to pay compensation for the acquired property. In the above circumstances, the writ petition is filed for the above mentioned reliefs. 4. In the counter affidavit filed by the 4th respondent the material averments in the writ petition are denied. In paragraph 5, it is stated that for the purpose of widening Mannanthala -Kesavadasapuram road, the enquiry notice was served to the petitioner for producing the original documents on 31.12.2007 before the Land Acquisition Officer for disbursing the compensation amount. It is stated that in response to the notice the petitioner had informed the Special Tahsildar L.A. by letter dated 21.12.07 that he is ready to surrender the land to the Government free of cost. Copy of the letter dated 21.12.2007 is produced and marked as R4(a). Acting on the request made by the petitioner Award was passed without paying compensation. R4(b) is the copy of the award. It is also stated that Rs.3,00,131/- was fixed W.P.(C) No.19553/2011 4 for the land and structures. Award notice was served on the petitioner intimating that he should be present at the site in person and shall hand over possession of the property to the Revenue Inspector on 29.3.08. The information regarding payment of compensation amount were strike off since the land was surrendered free of cost to the Government. It is stated that the petitioner has not put forward any other condition for surrendering the land on 21.4.2008. An extent of 0.20 cents of land were taken possession by the Revenue Inspector. It is further stated that the structures in the acquired land were removed by the petitioner. A true copy of the eviction list is produced and marked as R5(c). In paragraph 7 it is pointed out that the petitioner surrendered the land free of cost and hence award was passed without directing payment of compensation. It is also stated that the petitioner handed over possession of land on 21.4.08 and hence the representation dated 25.3.2008 is baseless. It is also stated that at the time of handing over the land, the petitioner has neither raised any financial claim nor put forward any other condition for the free surrender of land. Respondents also pointed out that only the land extending an area of 20 sq.m were taken possession by the Revenue Inspector on 21.4.2008 and that the W.P.(C) No.19553/2011 5 petitioner had submitted a request on 22.1.2009 that he may be issued a certificate showing that he has surrendered the land free of cost to the Government. Regarding the allegation about striking of any portion of the consent letter it is stated that the said allegation is baseless and that there is no need to strike off any portion of the letter as the petitioner himself has submitted that surrender of land was unconditional. In the above said facts and circumstances, this Court is of the view that the only relief that can be extended to the petitioner is to issue a direction directing the District Collector to consider and dispose of Ext.P3 representation. 5. Therefore the writ petition is disposed of with a direction to the 3rd respondent to consider and pass appropriate orders on Ext.P3 representation, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al