IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 23976 of 2010(V) -------------------------------- PETITIONER: -------------- S.NAJEEB RAWTHER, SHALIMAR MANZIL, KADAKKAMON, PATHANAPURAM. BY MR.S.ABDUL RAZZAK, ADVOCATE. RESPONDENTS: ----------------- 1. SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAYS, KOLLAM-13. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM-13. 3. THE SUPERINTENDING ENGINEER, KERALA STATE TRANSPORT PROJECT, KSTP CIRCLE OFFICE, THIRUVANANTHAPURAM-01. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23976 OF 2010 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T For the purpose of widening the Punalur-Ponkunnam Road under the Kerala State Transport Project (KSTP), certain properties of the petitioner have been acquired. The properties are comprised in Survey Nos.319/1/128 and 319/1/228 of Piravanthoor village, Pathanapuram Taluk. The reference numbers are LAC No.103/06 and LAC No.115/06. The compensation amounts have been received under protest. It is pointed out that the matter has been referred to the Sub Court, Kottarakkara in L.A.R No.93/2007 and L.A.R No.94/2007. 2. It is pointed out by the petitioner that there are certain improvements like a 12 feet wide main Gate worth Rs.75,000/-, Iron Grill fittings worth Rs.50,000/- and rubble wall construction at height of 3 meters for a length of 300 meters. It is further pointed out that the petitioner filed a proper application before the Land Acquisition Officer to get copies of various documents to W.P.(C) No.23976/2010 2 verify whether these improvements have been properly valued by the Land Acquisition Officer. The petitioner was given a reply as per Exhibit P4 directing to remit certain amounts towards fees for issuing copies, which the petitioner has already remitted as per Exhibit P5. 3. The petitioner submits that thereafter the respondents are trying to take possession of the property and to remove the improvements. It is in these circumstances, the petitioner filed an application as I.A.No.1199/2010 in L.A.R No.93/2007 for appointing an Advocate Commissioner for conducting a local inspection and make a report with regard to the improvements in the property. Apprehending immediate and emergent action on the part of the respondents in taking over the possession of the property and in removing the improvements etc., this writ petition was filed. 4. The 1st respondent has filed a counter affidavit in the matter. It is explained therein that the petitioner has received the compensation amount under protest. A notice was served on 15.05.2010 in Form No.12 as per Rule 15(3) informing the W.P.(C) No.23976/2010 3 awardee to vacate and deliver possession of the land to the Special Revenue Inspector. The details of the steps taken by them have been explained in paragraphs 7 and 8 of the counter affidavit. According to them, the petitioner has been successively evading the attempts to take possession of the property. 5. It is submitted by the learned counsel for the petitioner that the application for appointment of an emergent Commissioner has been allowed by the court below and the petitioner will be depositing the batta today itself. 6. Learned Government Pleader submitted that the apprehension of the petitioner that the improvements will be removed immediately which will destroy the evidence in support of the plea of enhanced compensation is not correct. It is submitted that the KSTP will issue appropriate notice to the petitioner also for availing the benefit of removal of these articles on suitable price. It is therefore submitted that the respondents are not taking any action at this stage to remove the improvements of the properties of the petitioner. Now that an Advocate Commissioner has been appointed by W.P.(C) No.23976/2010 4 the Sub Court, till the Commissioner conducts local inspection, the improvements mentioned by the petitioner will not be removed from the site. Since an emergent Commissioner has already been appointed, the petitioner will see that a local inspection is conducted within a period of two weeks from today. The petitioner will produce a copy of this judgment before the Sub Court, Kottarakkara for further action by that court. The respondents will be free to take possession of the property but the improvements will not be destroyed or removed till the Commissioner visits the site and completes the local inspection. Copies of the documents mentioned in Exhibit P4 will also be furnished as per Rules within a period of three weeks. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp