IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 35212 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------ SMT.PARVATHI SOMASEKHARAN PILLAI, AGED 30 YEARS, D/O.M.P.SOMASEKHARAN PILLAI, ANJANA HOUSE, VATTEKUNNAM KARA, EDAPPALLY NORTH P.O., THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, REP.BY THE P.A.HOLDER SRI.M.P.SOMASEKHARAN PILLAI, AGED 66 YEARS, S/O.AYYAPPAN PILLAI PARAMESWARAN PILLAI, MAYAPPALLIL HOUSE, KEEZHCHERIMEL, CHENGANNOOR P.O., PATHANAMTHITTA DISTRICT, NOW RESIDING AT 'ANJANA' KADANGATTIL HOUSE, VATTEKUNNAM, EDAPPALLY NORTH P.O., COCHIN-682 024. BY ADV. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE P.O., KAKKANAD, ERNAKULAM, 683 020. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAY), PERUMBAVOOR, ERNAKULAM DISTRICT, 683 542. 4. THE CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM JUNCTION, 682 011. (REQUISITIONING AUTHORITY). 5. THE SOUTHERN RAILWAYS, REPRESENTED BY ITS GENERAL MANAGER, PARK TOWN, SOUTHERN RAILWAYS HEAD QUARTERS, CHENNAI-626 501. R1 TO R3 BY GOVT. PLEADER SMT.K.R. DEEPA. R4 & R5 BY ADV. SRI.N.B.SUNIL NATH, SC, RAILWAYS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, ALONG WITH WPC NO. 31883 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 35212/2010-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TITLE VERIFICATION CERTIFICATE IN RESPECT OF THE PROPERTY OF THE PETITIONER, DATED 10/04/2010. EXT.P2: COPY OF THE LETTER DATED 01/11/2010 SENT TO RESPONDENTS 2 TO 4. EXT.P3: COPY OF THE LETTER DATED 08/11/2010 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 31883, 32349, 32350, 32351, 32352, 32507, 32508, 32540, 32547, 32658, 32678, 32821, 33203, 34272, 34273, 34318, 35212 & 36953 OF 2010 -------------------------- Dated this the 20th day of December, 2010 J U D G M E N T The petitioners in these writ petitions own lands in Mattoor and Vadakkumbagham Villages of Aluva Taluk. They have filed these writ petitions for a direction to the respondents to finalise the acquisition proceedings of their lands for the purpose of the Sabari Railway project. The petitioners state that as per the procedure evolved by the Central and State Governments on the petitioners executing sale deeds in favour of the Union of India, the State has to pay over the agreed sale consideration from the funds made available by the Central Government. 2. The Chief Engineer (Construction) Southern Railway, Ernakulam has sworn to a counter affidavit dated 12.12.2010. Paragraphs 2 to 6 thereof read as follows: “(2) The Railway administration has already deposited Rs.28 crores with the State Government for the acquisition of land to be handed over to Railway. (3) It is submitted that in a meeting presided by the Ernakulam District Collector on 15.11.2010 it was decided to make the purchase of land expeditiously. The Railway had given its consent to make the documentation proceedings in executing the deed and it was also decided that the consideration for the land has to be given by the State Government from the amount deposited by Railway. (4) Since there were some issues to be clarified from the WPC No.31883/2010 & Conn. Cases 2 Railway Board regarding the disbursal of the above amount, it was advised to temporarily hold the above disbursal of cost of land to the land owners. (5) In the meeting convened by Hon'ble Minister of State for Railways in the presence of Members of Parliament and Railway Officials at the Railway Board New Delhi on 7.12.2010, it has been decided to take over the land duly releasing payment to the extent of 28.00 crores which has already been deposited with the State Government. Instructions in this regard have already been given to the field units to go ahead with taking over of the land. Since the land is being taken over in continuous stretches from Angamali end, and the total requirement of funds for the complete lands in Mattoor and Vadakkumbhagam villages will be more than 28 crores, the compensation for the land owners beyond chainage 6700 (approximately) will be made on as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. of additional funds for this work. It was also informed by the Railway Board that Environmental impact assessment need not be done for the above project as per the advice from the Ministry of Environment & Forest. (6) This respondent assures that Railway administration will take necessary action to take over the land expeditiously. For that, the land owners have to give all particulars for documentation including PA Number, Identity card, postal address etc. The State Government also has to give the particulars of he cheque in each transaction so that Railway could proceed with the registration of land.” 3. When the writ petition came up for hearing today, the learned standing counsel appearing for the Railways submitted that the Railways are agreeable to acquire the lands belonging to the petitioners in these writ petitions starting from Angamali end and that the Railways are also willing to take sale deeds from the petitioners. The learned standing counsel also submitted that the sum of Rs.28 crores has been handed over to the State WPC No.31883/2010 & Conn. Cases 3 Government and that it is for the State Government to pay the sale consideration to the petitioners on execution of the sale deeds. 4. Smt.K.R.Deepa, the learned Govt. Pleader appearing for the State of Kerala on the other hand submitted that as on today, the sum of Rs.28 crores only has been made available to the State of Kerala and that the said sum is to be utilised to pay over to the land owners the agreed land value and that payment can be made only to those land owners who have complied with all the formalities after the draft sale deed prepared by the Railways is approved by the respective land owners. In view of the stand taken by the State and the Central Governments, I am of the opinion that the petitioners cannot have any subsisting grievance in the matter. I accordingly dispose of these writ petitions with a direction to the respondents to take necessary steps to obtain conveyance of the lands belonging to the petitioners and others who own lands in the Angamali end of the Southern Railway project expeditiously and in any event within one month from today, if they comply with all the procedural formalities. P.N.RAVINDRAN, (JUDGE) vps WPC No.31883/2010 & Conn. Cases 4 WPC No.31883/2010 & Conn. Cases 5