IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 31789 of 2006(H) ---------------------------------------- PETITIONER: ------------ JACKSON, S/O.LATE T.C.JOSEPH, AGED 34, THANNIMATTATHIL, KIZHAKKEKKARA, MUVATTUPUZHA P.O., ERNAKULAM. BY ADV. SRI.C.P.SAJI SMT.P.DEEPTHI RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. SPECIAL TAHSILDAR (LA), ALUVA. 4. CHIEF ENGINEER, KERALA STATE TRANSPORT PROJECT, MUTHOOT CHAMBER, THYCADU, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT OFFICE, MUVATTUPUZHA. BY SENIOR GOVERNMENT PLEADER SHRI BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 31789 OF 2006 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE ORIGINAL ALIGNMENT AND PLAN PREPARED BY LUIS BURGER INTERNATIONAL CO. DATED 9.4.2001. EXHIBIT P2 TRUE COPY OF THE CHANGED ALIGNMENT PREPARED BY LUIS BERGER INTERNATIONAL CO. DATED 26.9.2001. EXHIBIT P3 TRUE COPY OF THE COUTER AFFIDAVIT FILED BY THE RESPONDENT IN O.P.33550/02 DATED -12.2002. EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENT IN W.P(C)1672/2005 DATEDF 25.5.2005. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.1672 ISSUED BY THE HONOURABLE HIGH COURT OF KERALA DATED 7.7.2005. EXHIBIT P6 TRUE COPY OF THE ROAD ALIGNMENT AND SKETCH PREPARED BY LUIS BERGER CO. DATED 26.9.2001. EXHIBIT P7 PHOTOGRAPH SHOWING THE LIE AND NATURE OF THE ROAD SITUATED IN FRONT OF THE PETITIONER'S PROPERTY. EXHIBIT P8 PHOTOGRAPH SHOWING THE ILLEGAL ENCROACHMENT AND DESTRUCTION OF THE PETITIONER'S GODOWN. EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE S.I. OF POLICE MUVATTUPUZHA DATED 12.11.2006. EXHIBIT P10 TRUE COPY OF THE FIR IN CRIME NO.774/2006 OF MUVATTUPUZHA POLICE STATION. EXHIBIT P11 TRUE COPY OF THE NOTICE NO.A3-811/2006 DATED 16.10.2006. EXHIBIT P12 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE SPL. TAHSILDAR (LA) MUVATTUPUZHA DATED 17.11.2006. EXHIBIT P13 TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER UNDER SECTION 9(3) OF THE LAA ACT DATED 29.3.2007. EXHIBIT P14 TRUE PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER UNDER SECTION 9(3) OF THE LAA ACT DATED 14.6.2007. RESPONDENTS' EXHIBITS: ------------------------------------ EXHIBIT R1(a) TRUE COPY OF THE APPROVED PLAN OF STRAIGHTENING OF CURVE AT CH 7+400 TO 8+200 (AVOLY TOWN). EXHIBIT R1(b) DO. DO. AT CH 8 + 950 TO 9 + 150. EXHIBIT R1(c) DO. DO. AT CH 10+500 TO 10+700. EXHIBIT R1(d) DO. DO. AT CH 12+650 TO 12+850. EXHIBIT R1(e) DO. DO. AT CH 13+650 TO 13+900. EXHIBIT R1(f) DO. DO. AT CH 14+950 TO 15+500. EXHIBIT R1(g) DO. DO. AT CH 15+800 TO 16+500. EXHIBIT R1(h) DO. DO. AT CH 17+000 TO 17+150. EXHIBIT R1(i) DO. DO. AT 17+600 TO 18+900. EXHIBIT R1(j) TRUE COPY OF THE PROPOSAL SUBMITTED BY THE CONSULTANT FOR STRAIGHTENING THE CURVE AT CH 3+100 TO 3+400 AS SUBMITTED BY THE PETITIONER AS EXT.P1 EXHIBIT R1(k) TRUE COPY OF THE PAPER CUTTING DATED 8.11.2006 ACCIDENT IN WHICH PANCHAYAT PRESIDENT, AVOLY PANCHAYAT WAS KILLED AT 7+400. EXHIIBIT R1(l) TRUE COPY OF THE PAPER CUTTING DATED 12.11.2006 DESCRIBING HOW ANGRY MOBS WENT ON RAMPAGE DAMAGING PRIVATE PROPERTIES USING EARTH MOVING MACHINERIES. EXHIBIT R1(m) TRUE COPY OF THE COMMUNICATION DATED 20.11.2006 SENT BY THE RESIDENT ENGINEER QUANTIFYING THE EXTENT OF DAMAGE INFLICTED TO THE ROAD STRUCTURES BY THW AFORESAID VIOLENCE. EXHIBIT R1(n) TRUE COPY OF THE PETITIONES TO THE POLICE WHICH WAS FILED BY THE EXECUTIVE ENGINEER. EXHIBIT R1(o) TRUE COPY OF THE APPROVED ALIGNMENT THE CURVE ALONGSIDE THE AFORESAID PROPERTY FROM CH 3+700 TO 4+200 CONSTITUTE WHICH IS ONLY A MINOR CURVE. EXHIBIT R1(p) TRUE COPY OF THE G.O(MS) NO.69/06/PWD DATED 22.12.2006. EXHIBIT R1(q) TRUE COPY OF THE MINUTES OF THE STEERING COMMITTEE MEETING HELD ON 16.9.2006. EXHIBIT R1(r) TRUE COPY OF THE APPROVED REVISED SKETCH OF THE ROAD ALIGNMENT EASING THE CURVES AT THE LOCATION OF THE PETITIONER'S PROPERTY. EXHIBIT R1(s) TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.7/08/PWD DATED 28.1.2008. K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.31789 OF 2006 = = = = = = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 J U D G M E N T -------------------- The dispute is with regard to the acquisition of property for the purpose straightening a curve of 628 M2 at Muvattupuzha-Thodupuzha road under the Kerala State Transport Project. Government had furnished the details of the Expert who prepared the project report and also the Officers who were responsible for implementing the Project. In paragraph 4 of the counter affidavit filed by the State it is stated that the Government are pleased to order denotification of the land under acquisition without prejudice to the rights of the Government to acquire the said land as and when need arises. In the counter affidavit it is also stated that the number of accidents have come down when compared to past. It is further stated that the Government had issued a Notification also to that effect. 2. Since the Government is withdrawing from the acquisition, it is not necessary to consider the matter on its W.P(C) NO.31789 OF 2006 -: 2 :- merits and the Writ Petition is only to be closed recording the statements contained in paragraph 4 of the counter affidavit. filed by the State. Writ Petition is closed as above. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008 W.P(C) NO.31789 OF 2006 -: 4 :- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = W.P(C) NO. 31789 OF 2006 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of November, 2007 O R D E R ----------------- In pursuance to the order passed by me on 21.8.2007, the first respondent, Additional Chief W.P(C) NO.31789 OF 2006 -: 5 :- Secretary to Government, has filed a detailed affidavit. In the affidavit names of two persons alone are stated. The first respondent shall furnish details of all Officers of the concerned Public Works Department, KSTP and Land Acquisition Department so as to enable the court to give them an opportunity to explain their role in the execution of the work. There will be a direction to the first respondent to file an affidavit giving the details of all the Officers of the PWD and KSTP as well as the Land Acquisition Department who are connected with the land acquisition proceedings in this case from the very beginning. In paragraph 18 of the affidavit it is stated that no steps were taken to recover the amount from the Officers concerned as the widening work was carried out with proper sanction and approval of the Government. Whether the amount spent for the acquisition is to be recovered from the persons responsible for acquisition will be decided by this Court. 2. It is also stated that execution of the W.P(C) NO.31789 OF 2006 -: 6 :- modification works yet to be taken up will be subject to further examination. There will be a direction to take a decision in the matter first. The additional affidavit shall be filed within two months from today. Final orders will be passed only after hearing all parties concerned. 3. Post after two months. Hand over copy to the petitioner and Government Pleader. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ================================ M.F.A. =============================== J U D G M E N T ------------------------------------------------------ TH NOVEMBER, 2007