IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 32142 of 2010(P) ---------------------------------- PETITIONER(S): ------------------- K.K.MADHUSUDANAN NAMBOODIRI, AGED 39 YEARS, S/O.K.K.SANKARAN NAMBOODIRI, KAKKANTEDATH KARIMBANA ILLAM, VIA.MATTANNUR, KANNUR DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695 001. 2. DISTRICT COLLECTOR, KANNUR - 670 001. 3. THE DEPUTY COLLECTOR, AIRPORT NO.III, KANNUR - 670 001. 4. THE SPECIAL TAHSILDAR (LA), AIRPORT NO.III, MATTANNUR, KANNUR-670 702. 5. THE MANAGING DIRECTOR, KINFRA, TRIVANDRUM - 695 003. R1 TO 4 BY GOVERNMENT PLEADER R5 BY ADV. SRI.G.S.REGHUNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32142/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE OPINION GIVEN BY THE THANTHRI DATED 06/10/2010 P2: COPY OF THE REPRESENTATION DATED 24/11/2008. P3: COPY OF THE REPRESENTATION GIVEN TO THE 5TH RESPONDENT DATED 29/04/2010. P4: COPY OF THE REPORT DTED 29/04/2010. P5: COPY OF THE CONSENT TO THE 4TH RESPONDENT DATED 29/09/2010 P6: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 08/10/2010. P7: COPY OF THE REPORT FILED BY THE VICE CHAIRMAN OF THE DISTRICT LEVEL PURCHASE COMMITTEE DATED 04/10/2010. P8: COPY OF THE ORDER DATED 23/09/2010. P9: COPY OF THE REQUISITION MADE BY THE SPECIAL TAHSILDAR TO THE KINFRA DATED 24/03/2010. P10: COPY OF THE COMMUNICATION ISSUED BY SPECIAL TAHSILDAR DATED 07/05/2010. P11: COPY OF THE SKETCH PLAN RECEIVED UNDER THE RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE CONSENT STATEMENT DATED 21.11.2008. R5(b):COPY OF THE KINFRA ADVISOR'S LETTER TO THE DISTRICT COLLECTOR KANNUR. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 32142 OF 2010 ------------------------------- DATED THIS THE 16TH DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P8 and for a writ of prohibition restraining or forbearing the respondents from taking possession of 16 cents of land where Kavu is situated in R.S.No.9/1 of Kara amsom, Pazhassi desom. The vast extent of land having more than 1000 acres of land including the petitioner's land were notified by the Government for the construction of Airport. Notification was issued after invoking the emergency clause. 2. The grievance of the petitioner is that there is a Kavu belonging to the family of the petitioner situated in 16 cents of land out of the total extent of 1.12 acres, which was sought to be acquired from the petitioner. According to him, Kavu is a Durga Temple where public is also offering worship. The definite case of the petitioner is that the Moolasthanam of the Durga Temple is -2- W.P.(C).No.32142/2010 situated in 16 cents of land in R.S.9/1. Petitioner is aggrieved by Ext.P8 communication issued by the Advisor, KINFRA addressed to the District Collector, Kannur requesting to expedite the steps taken for the acquisition of land. 3. Respondents 2 and 5 have filed separate counter affidavits. In the counter affidavit filed by the 5th respondent, namely, the Managing Director of the Kerala Industrial Infrastructure Development Corporation (KINFRA), who is the requisition authority, it is stated that the total extent of 1083.85 acres of property are already acquired and possession taken for the purpose of Kannur Airport. Now a very small area of about 3 acres is yet to be acquired and taken possession. It is also stated that 1.12 acres of land belonging to the petitioner is a portion of 3 acres of land to be taken possession and that if the said area cannot be taken possession or any delay is caused, that will result in huge loss to the Government and the entire airport project will be jeopardized. In the counter affidavit filed by the 5th respondent the proceedings -3- W.P.(C).No.32142/2010 initiated for the acquisition of property are stated in detail. The Government by G.O.(MS).21/07/Tran. dated 20/4/2007 accorded sanction to acquire 2000 acres of land required for the construction of Kannur Airport Project and to include the acquisition under the Fast Track Projects. The Government appointed KINFRA as the nodal agency for the Kannur Airport. Accordingly, the 5th respondent submitted a requisition in Form No.2 to the District Collector, Kannur for acquisition of 1091.82 acres of land in Keezhalloor and Pazhassi Villages of Thalassery Taluk and requested the District Collector to acquire the land by invoking the urgency clause under Section 17(4) of the Land Acquisition Act. It is also stated that the Government published composite notification under Sections 4(1) and 17/(4) of the Land Acquisition Act. Notification was published in the daily newspapers on 22/11/2007 and 23/11/2007. The Government have also constituted a District Level Purchase Committee for determining the land value by negotiating the land owners. Some land owners have challenged -4- W.P.(C).No.32142/2010 the notification and acquisition proceedings by filing W.P.(C). No.37568/2007 and connected cases. Subsequently, those writ petitions were dismissed as withdrawn. 4. In the counter affidavit it is also stated that out of the total approved area of 1086.72 acres, KINFRA has already taken possession of 1083.85 acres, which consists of 884.77 acres by negotiated purchase under the FTP and 199.08 acres by way of acquisition under the Land Acquisition Act. It is also pointed out that the petitioner has submitted a consent statement on 22/11/2008 to the Land Acquisition Officer agreeing to sell the entire extent of 1.12 acres of land to the Government for the Kannur Airport for the land value fixed by the District Level Purchase Committee (DLPC). Ext.R5(a) is the copy of the consent statement. It is further averred in the statement that when the KINFRA officials approached the petitioner for execution of the sale deed, he was not willing to execute the same for the entire extent of 1.12 acres as consented by him. Ext.R5(a) is the consent statement. Petitioner -5- W.P.(C).No.32142/2010 took the stand that he is willing to sell only 96 cents of land and requested for exemption of the balance extent of 16 cents from the acquisition stating that 16 cents of land is a Kavu being worshipped by him and his family. The 5th respondent pointed out that there is no temple or any structure in the 16 cents of land. It is also pointed out that the said property is situated 200 mts. interior from the boundary of the Airport land and that the entire lands around the above property have already been acquired or purchased and taken possession by KINFRA for the Kannur Airport. The 5th respondent in the aforesaid factual context opposed the request of the petitioner for exemption of 16 cents of land. According to the 5th respondent, there is no meaning in asking for exemption for any patch of land within the vast Airport area of about 1284 acres for security reasons. It is further averred in the statement that since all the efforts made by KINFRA to purchase the above land from the petitioner failed, KINFRA has requested the District Collector and the Land Acquisition Officer to pass an award under the Land -6- W.P.(C).No.32142/2010 Acquisition Act and to take over the land under the provisions of the Land Acquisition Act. Ext.R5(b) is the letter issued by the KINFRA to the District Collector, Kannur requesting the District Collector to expedite the proceedings for passing an award and to take over the land under the provisions of the Land Acquisition Act. It is further pointed out that there is no provision for claiming exemption from the Land Acquisition under the Land Acquisition Act on the ground that the land is a Kavu. Ext.R5(a) is the consent statement signed by the petitioner, by which the petitioner surrendered the entire extent of 1.12 acres of land. Ext.R5(a) is dated 21/11/2008. The entire property including the alleged Kavu were surrendered by the petitioner to the 5th respondent. Subsequently, the petitioner submitted Ext.P2 petition before the 5th respondent requesting him to exempt l6 cents of land for the reason that 16 cents of land is a Kavu being worshipped by him and his family members. In the counter affidavit filed by the 5th respondent it is categorically averred that the request cannot be allowed under -7- W.P.(C).No.32142/2010 any circumstances. Having surrendered the entire area it is not open to the petitioner to maintain the stand that he is willing to execute the sale deed only for part of the property. 5. In the circumstances, the relief sought for in the writ petition cannot be allowed. Ext.P8 is a letter issued by the Advisor, KINFRA to the District Collector to expedite the acquisition proceedings. Petitioner agreed for negotiated sale and now he cannot say that he does not want to execute the entire property, which was surrendered in 2001. Therefore, the petitioner is not entitled to any relief claimed in this writ petition. In the result, the Writ Petition is dismissed. Sd/- HARUN-UL-RASHID, Judge. kcv.