IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.A.No.2065 of 2007 ---------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.18907/2006 DATED 19/03/2007 .................... APPELLANT/1ST RESPONDENT:- ----------------------------------------------- THE CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY, THRISSUR. BY STANDING COUNSEL SRI.K.B.MOHANDAS & ADV.SRI.LELLULAL T.G.THUNDATHIL ADV.SRI.K.A.SREEJITH RESPONDENTS/PETITIONERS & RESPONDENTS 3 AND 5:- ----------------------------------------------------------------------------------- 1. DR.DAVID PUTHUKKADAN, S/O.P.D.THOMAS, PLOT NO.92, NEHRU NAGAR, OLLUR VILLAGE, THRISSUR. 2. DR.THOMAS PUTHUKKADAN, S/O.P.D.THOMAS, PLOT NO.92, NEHRU NAGAR, OLLUR VILLAGE, THRISSUR. 3. PAUL PUTHUKKADAN, S/O.P.D.THOMAS, PLOT NO.92, NEHRU NAGAR, OLLUR VILLAGE, THRISSUR. 4. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION (G)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. R1 TO R3 BY ADV.SRI.K.I.MAYANKUTTY MATHER & ADV. SRI.V.V.ASOKAN R4 & R5 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & K.M.Joseph, J. ---------------------------------------------- W.A.No.2065 of 2007 ---------------------------------------------- Dated, this the 10th day of March, 2008 JUDGMENT K.M.Joseph,J. Thrissur Corporation is the appellant. The writ petition was filed by respondents 1 to 3 in the appeal challenging Exhibits P2 and P3. By Exhibit P2 and P3, the application submitted by the writ petitioners for permission for construction of building on their property came to be rejected by the Corporation on the ground that the property of the petitioners is required for implementation of D.T.P.Scheme. The learned Single Judge following the various judgments, including that of the Division Bench of this Court, proceeded to quash Exhibits P2 and P3 and directed that one of the petitioners representing all the petitioners would submit an undertaking in the form of an affidavit before the Corporation undertaking clearly that in the event of a notification under Section 4(1) of the Land Acquisition Act being promulgated for acquisition of any portion of their property within a period of one year from the date of that judgment, they would remove the constructions put up by them on the strength of the building permit issued pursuant to that judgment without raising any objections and without lodging any claim for compensation. It was further ordered that once the Corporation receives such an affidavit filed by any one of the petitioners, the Corporation would pass orders on the application for permit submitted by the petitioners and issue building permit, provided the plan submitted is otherwise in order. It was further ordered that the Corporation would be at liberty to resort to proceedings to acquire the property of the W.A.No.2065 of 2007 - 2 - petitioners for any genuine public purpose beyond the period of one year mentioned in the affidavit, but, in that event, the Corporation would be bound to pay adequate compensation to the petitioners under the provisions of the Land Acquisition Act. It is feeling aggrieved by the judgment of the learned Single Judge that the Writ Appeal is filed by the Corporation. 2. We have heard Sri.K.B.Mohandas, learned counsel appearing for the appellant-Corporation and Sri.K.I.Mayankutty Mather, learned counsel appearing for respondents 1 to 3. 3. The learned counsel appearing for the appellant-Corporation pointed out that there is a scheme under the Town Planning Scheme and that the said scheme was published in the year 1990 and is being implemented in stages. He submitted that there is genuine public purpose behind Exhibits P2 and P3. Pursuant to the query as to within which time the Corporation can possibly implement the scheme in the area in which the property of the writ petitioners is situated, an additional affidavit has been filed by the Secretary of the Corporation. It is stated therein as follows:- “This Hon'ble Court during the hearing of the writ appeal on 3.3.08 directed the Corporation to state the date by which the D.T.P. scheme pertaining to the area wherein the land of the respondents is situated, would be implemented. It is submitted that the Government of Kerala has provided provision for Rs.50,00,000/- in the budget for the year 2008-2009 for development of Sakthan Thampuran Nagar within the Thrissur Corporation. A further assurance is given by the Government of Kerala that the fund for development of Sakthan Thampuran Nagar would be extended up to Rs.10 crores. Therefore the Corporation propose to include in the agenda of the next council meeting an item to request the Government of Kerala to acquire the required properties for development of Erattachira - Chettiyangadi area coming within the D.T.P. scheme wherein the land of the respondents is situated. Therefore the Corporation undertake to initiate proceedings for acquisition of the property of the petitioner within one year”. W.A.No.2065 of 2007 - 3 - 4. In the light of this affidavit, the Writ Appeal is disposed of as follows: If the respondents 1 to 3 or any one of them on behalf of all of respondents 1 to 3 submit an undertaking in the form of an affidavit before the Corporation undertaking clearly that in the event of a notification under Section 4(1) of the Land Acquisition Act is being promulgated for acquisition of any portion of their property within a period of one year from today, they would remove the constructions put up by them on the strength of the building permit issued pursuant to this judgment without raising any objections and without lodging any claim for compensation, the Corporation will pass appropriate orders on the application so submitted by respondents 1 to 3 and issue building permit, provided the plan submitted is otherwise in order. It is also made clear that even after the period of one year, it is open to the Corporation to acquire the property of respondents 1 to 3 for any genuine purpose, but in which event, the Corporation is bound to pay adequate compensation as per the provisions of the Land Acquisition Act. Orders as directed above shall be passed on the application of respondents 1 to 3 within a period of one month from the date of receipt of a copy of this judgment. H.L.Dattu Chief Justice K.M.Joseph vku/- Judge