IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 8TH FEBRUARY 2007 / 19TH MAGHA 1928 WP(C).No. 16386 of 2003(A) --------------------------------------- PETITIONERS: --------------------- 1. CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, KOCHI, REPRESENTED BY ITS DIRECTOR. 2. THE SECRETARY, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAVAN, NEW DELHI-110 001. BY ADV. SRI.P.JACOB VARGHESE, SC, ICAR RESPONDENTS: ------------------------ 1. GREATER COCHIN DEVELOPMENT AUTHORITY, REP. BY ITS SECRETARY, ERNAKULAM, KOCHI. 2. SPECIAL TAHSILDAR (R.R), KANAYANNUR TALUK, ERNAKULAM. BY GOVERNMENT PLEADER for R2 BY ADV. SRI.E.S.MUHAMMED KABIR, SC, GCDA for R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- ....2..... WPC.NO.16386/2003 A J U D G M E N T When the W.P was taken up for hearing, neither Counsel for the petitioner, nor petitioner was present. Therefore, W.P is dismissed for default. 8.2.2007 Sd/- C.N.Ramachandran Nair, Judge Order on I.A.No.1286/2003 in WP(C) No.16386/2003 A Dismissed 8.2.2007 Sd/-C.N.Ramachandran Nair, Judge /True Copy/ P.A to Judge C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.16386 of 2003 .................................................................... Dated this the 1st day of February, 2008. JUDGMENT Heard counsel for the petitioners and Standing Counsel appearing for GCDA. The W.P. is filed challenging demand of additional cost payable by petitioners for the land acquired for them and given by GCDA. Obviously petitioners are liable to pay additional cost paid by GCDA on the acquired land in land acquisition proceedings and interest thereon. However, counsel for the petitioners pointed out that details furnished are not adequate to verify whether the full demand is attributable to the land acquired on behalf of the petitioners. GCDA is bound to furnish details to justify their claim. The W.P. is therefore disposed of with direction to the GCDA to furnish details to convince the petitioners that the amount payable is additional compensation and interest thereon for the land acquired for them. However, having regard to the fact that the amount involved is above Rs.1.5 crores, there will be direction to the petitioners to pay a further sum of rupees twenty five lakhs within one month from now. GCDA will grant sufficient time to the petitioners to pay the balance amount. In order to avoid further controversy, GCDA should send a proposal for fixing 2 liability and give an opportunity to the petitioners to furnish details and represent the matter before demand is finalised. The proceedings should be issued within three weeks from date of payment of Rs.25 lakhs by the petitioners. C.N.RAMACHANDRAN NAIR Judge pms