IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 29068 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. MADHAVAN NAIR, KOZHAMBALLY HOUSE, AMBALAMUKAL P.O., ERNAKULAM. 2. P.G.SREEDEVIKUTTY, W/O.MADHAVAN NAIR, -DO- BY ADV. SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. THE DEPUTY COLLECTOR, LAND ACQUISITION, COLLECTORATE, ERNAKULAM. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION OFFICE, VADAKKEKOTTA, TRIPUNITHURA, ERNAKULAM. BY GOVT. PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29068/09 PETITIONER'S EXHIBITS: EXT.P1: AREA SKETCH PREPARED BY THE SUPERINTENDENT OF SURVEY RECORDS, WHICH SHOWS THE WAY LEADING THE PROPERTY OF THE PETITIONERS. EXT.P2: PHOTOGRAPHS SHOWING THE WAY TO THE PETITIONERS' PROPERTY. EXT.P3: A TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT. EXT.P4: A TRUE PHOTOCOPY OF THE MINUTES OF D.L.P.C. HELD ON JUNE 19, 2009. EXT.P5: A TRUE PHOTOCOPY OF THE RECEIPT DATED FEBRUARY 16, 2009 ISSUED BY R1 AGAINST THE RECEIPT OF THE 1ST REPRESENTATION FOR CORRECTING THE MISTAKE. EXT.P6: A TRUE PHOTOCOPY OF THE REMINDER DATED MARCH 03, 2009 SUBMITTED BEFORE R1 BY THE PETITIONERS. EXT.P7: A TRUE PHOTOCOPY OF THE RELEVANT PAGES REGARDING THE FORWARDING OF EXT.P6. EXT.P8: A TRUE PHOTOCOPY OF THE REPLY DATED AUGUST 12, 2009 ISSUED BY R3 STATING THAT THE PETITIONERS' PROPERTY HAS BEEN INCLUDED UNDER 'D' CATEGORY. EXT.P9: A TRUE COPY OF THE REPRESENTATION DATED AUGUST 13, 2009 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P10: A TRUE PHOTOCOPY OF THE RECEIPT ISSUED AGAINST THE RECEIPT OF EXT.P9 BY R1. EXT.P11: A TRUE PHOTOCOPY OF THE NOTICE DATED JUNE 18, 2009 ISSUED BY R3 DIRECTING THE PETITIONERS TO SUBMIT CERTAIN DOCUMENT INCLUDING TITLE DEED OF THEIR PROPERTY. WPC.29068/09 EXT.P12: A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY R3 REGARDING RECEIPT OF THE PETITIONERS' TITLE DEED AND OTHER DOCUMENTS. EXT.P13: A TRUE COPY OF THE MINUTES OF D.L.P.C. WHICH HELD ON FEBRUARY 10, 2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29068 OF 2009 ------------------------------------------- Dated this the 21st day of December, 2009 JUDGMENT The land belonging to the petitioners are involved in an acquisition for the purpose of the 4th respondent Bharath Petroleum Corporation Limited. It is stated that the petitioners essentially consented to fast track acquisition system whereby the land value could be negotiated and agreed. The scheme classifies the land into different types depending upon facilities, road access etc. The complaint of the petitioners is that their land has been wrongly included in a particular category ignoring the cardinal identifying factor, viz., proper access. The petitioners have taken out a commission and a report is on record. The said report has to be considered by the acquisitioning authority and if the authority concludes that the land has to be classified as one for which there is access, the compensation has to be granted accordingly. If there is any further dispute in that regard, the petitioners will be free to WPC.29068/09 2 resile from any consent on their behalf and seek reference to the issue under Section 18 of the Land Acquisition Act and insist on passing of award. It is also clarified that the commissioner's report can be used as evidence in such reference, in accordance with law, on being proved appropriately subject to all just objections as may be raised by the requisitioning authority and the State. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/12.