IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 23410 of 2008(J) -------------------------- PETITIONER(S): --------------- B.GEETHAKUMARI, W/O.K.BALACHANDRAN NAIR, AISWARYA, TC NO.43/591 (1),KAMALESWARAM, MANAKKAD.P.O, TRIVANDRUM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, SEVERAGE PROJECT DIVISION, OBSERVATORY HILL, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, TRIVANDRUM. 4. THE SPECIAL TAHSILDAR (LA) MANAKKADU ROAD, CHALAI, TRIVANDRUM. ADV. SMT.AMBIKA DEVI, SC, KWA FOR R2 GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.23410 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2008 JUDGMENT Smt.Ambika Devi, standing counsel submits that the version of the petitioner that her property was taken possession of and that the water authority has now laid sewage lines through her proprieties is correct. But she submitted that there is some dispute regarding the extent of land actually taken over from the petitioner. According to her, the actual extent of land actually taken over from the petitioner is only 1.35 cent and not 2.25 cents as the petitioner claims. Whatever that be, it is conceded by the water authority that land belonging to the petitioner has been taken possession of under the land acquisition proceedings. The property has become vested in the Government and by transfer by Government in the water authority by virtue of Section 16 of the Land Acquisition Act. Petitioner's case is that no amount at all has been paid by way of compensation even though respondents were statutorily obliged to tender atleast 80% of the estimated compensation at the time of taking possession. WPC.No.23410/08 2 2. Under the above circumstances, I am of the view that there is no escape to the respondents from the obligation of passing award and paying compensation. I dispose of the writ petition issuing the following direction; The second respondent and higher officials of the Kerala Water Authority are directed to negotiate with the petitioner and settle the issue regarding the correct compensation payable for the petitioners acquired properties within a period of two months of receiving copy of this judgment. If such negotiated settlement is not possible, the second respondent will deposit the amounts called for by the fourth respondent with that respondent within six weeks from the expiry of the period of two months referred to above. Upon deposits being made by the second respondent as directed above, the fourth respondent will not delay matters further and will pass award in respect of the property actually taken over from the petitioner's possession so that the petitioner can receive the compensation. It is made clear that since possession has already been taken, the proceedings have not lapsed. If the fourth respondent finds that there is controversy between the WPC.No.23410/08 3 requisitioning authority and the petitioner regarding the extent, the fourth respondent will hear the petitioner as well as the second respondent and then only take a decision as to the correct extent acquired from the petitioner. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.23410/08 4