IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 7684 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------ MARY CHACKO, CHIRAMEL KUDIYIRIPPU, MATTOOR, KALADY P.O. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER/CONSTRUCTION, SOUTHERN RAILWAY, ERNAKULAM-682 011. 3. THE DISTRICT COLLECTOR, CIVIL STATION P.O., KAKKANAD, KOCHI-30. 4. THE SPECIAL TAHSILDAR(LAND ACQUISITION), RAILWAYS, PERUMBAVOOR-683 542. R1, R3 & R4 BY GOVERNMENT PLEADER SMT.K.R.DEEPA R2 BY ADV.SRI. MOHAMMED SHAH, SC FOR RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.7684 of 2011 ---------------------------------------- Dated 30th March, 2011 JUDGMENT The petitioner claims that herself and her daughter Lissy had been bequeathed 16 ares and 25 sq.links of land in Survey No.409/1 in Block 27 of Mattoor Village as per Ext.P1 settlement deed. Ext.P2 is the possession certificate and Ext.P3 is the non-encumbrance certificate pertaining to the said property. The land in question was included as an item for acquisition in a notification under section 4(1) of the Land Acquisition Act (for short 'the Act') issued for the purpose of construction of Angamaly - Sabari Railway line. Admittedly, it was subsequently taken into possession by invoking the urgency clause under section 17(4) of the Act. For the purpose of accelerating the land acquisition and also for the purpose of speedy implementation of the project instead of resorting to the acquisition proceedings under the Land Acquisition Act, the aforesaid project has been included under the Fast Track Projects Scheme by the first respondent as per Ext.P6. The relevant schemes have been produced as Exts.P5 and P6. Under the Scheme, a District level Purchase Committee has been constituted for the purpose of determining the value of the land. The grievance of the petitioner in this writ petition is that WP(C).No.7684/2011 2 though the entire acquisition under the Angamaly - Sabari Railway line Scheme is included in the Fast Track Projects Scheme, the petitioner alone has been arbitrarily discriminated and deprived of its benefits. In the case of the petitioner, an award was passed under section 11 of the Act. Ext.P10 is the award notice issued under section 12(2) of the Act. The amount awarded under section 11 is to be apportioned among seven persons going by Ext.P10. The contention of the petitioner is that besides the petitioner and her own daughter Lissy, none included in Ext.P10 have any right over the land and, in short, according to the petitioner, they are ineligible to receive any compensation in respect of the acquisition of the said property in question. In the said circumstances, the petitioner has submitted Ext.P11 representation before the third respondent mainly for the purpose of compelling the respondents to acquire the land in question under the Fast Track Projects Scheme and to effect compensation under the DLPC rates. Such rates have been specifically mentioned under Exts.P7 and P8. As already noticed hereinbefore, this writ petition has been filed mainly with a prayer to quash Ext.P10 and to issue a writ of mandamus commanding the respondents to fix the land value of the property mentioned above covered as per Ext.P1 under the Fast Track Projects Scheme envisaged under Ext.P5 and P6 Government orders and WP(C).No.7684/2011 3 to disburse the benefits to the petitioners. 2. A counter affidavit has been filed in this writ petition by the fourth respondent. In paragraph 3 of the counter affidavit it is stated that in terms of Deed No.3608/2003 the petitioner and her daughter got title over 16.35 Ares of land in Re-survey Block No.27, Survey No.409/1 of Mattoor Village. It is stated thereunder that Exts.P2 and P3 were issued after passing the award. The fact that Angamaly - Sabari Railway line Project has been included under the Fast Track Projects Scheme is admitted. It is also stated thereunder that as per the guidelines for the Fast Track Projects, the land is to be purchased directly by the requisitioning authority from the land owners. The documents required for registration of land are being sent to the Railway Authorities by the Land Acquisition Officer. However, the contention is that in case where the claimants failed to produce the documents required for registration and in case where disputes exist regarding the title and possession of the property under acquisition documentation under Fast Track Projects is not possible and in such cases, the Land Acquisition Officer is bound to pass an award under section 31(2) of the Act. It is admitted in the counter affidavit that the petitioner and her daughter Smt.Lissy got title over the property in question. It is further stated therein that the other claimants WP(C).No.7684/2011 4 Smt.Mary, W/o.Urumese, Chiramelkudiyirippil, Mattoor and her daughter Smt.Lovely, Rosily and Molly produced only a photocopy of Will Deed No.57/97 as proof of their title over the land to claim possession of the land. According to the respondents, it was in the said circumstances that the Land Acquisition Officer proceeded to pass an award under section 31 (2) of the Act. The further contention is that the passing of such award would not defeat the rights, if any ,of the petitioner as it would be open to the petitioner to seek for reference under section 18 or 28A of the Act for the purpose of getting enhancement of the land value. Evidently, a scanning of the counter affidavit itself would reveal that the respondents themselves admit the fact that in terms of Deed No.3608/2003 the petitioner and her daughter got title over 16.35 Ares of land in Re-survey Block No.27, Survey No.409/1 of Mattoor Village. Going by the statements in the counter affidavit, it is only based on the claim made by Smt.Mary, W/o.Urumese, Molly, Lovely and Rosily and based on the photocopy of Will Deed No.57/1997 that the Land Acquisition Officer refused to grant the benefits to the petitioner under the Fast Track Projects Scheme and proceeded to pass an award in terms of section 31 (2) of the Act. I am of the considered view that, even if it is admitted that there exists dispute with respect to the title and possession of the WP(C).No.7684/2011 5 property in question that cannot in any way disentitle the owners of the property to get the benefit of the Fast Track Projects Scheme which is admittedly, the procedure adopted for purchasing the land from the land owners for the purpose of construction of Angamaly - Sabari Railway line. In case of any dispute with respect to the title, the only consequence is that, even after fixation of the amount payable under the Fast Track Projects Scheme the petitioner or the other claimants would get the benefit only after settlement of such a dispute. I am of the view that, that cannot be a reason for arbitrarily discriminating the petitioner or the other claimants, if any. In short, according to me, the action on the part of the respondents in depriving the petitioner and any other owner of the property in question benefit of the Fast Track Projects Scheme is arbitrary and discriminatroy and liable to be interfered with. In the said circumstances, Ext.P10 is set aside and consequently there will be a direction that the entitlement of the owners for compensation under the Fast Tracks Projects Scheme in respect of the extent of property acquired, as is obvious from Ext.P10, shall be quantified taking into account Exts.P5, P6 and P9. In case of any dispute with respect to its title and possession, the respondents shall disburse the amount to the rightful claimant only after resolution of such dispute and in accordance WP(C).No.7684/2011 6 with law. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge