IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 RP.No. 456 of 2009(R) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15908/2006 Dated 24/03/2009 .................... REVIEW PETITIONER/ WRIT PETITIONERS -------------------------------------- 1. M.MANI, S/O. MADHAVAN PILLAI, MEENA BHAVAN, KUNNUKUZHY, THIRUVANANTHAPURAM. 2. L.KRISHNAMMA, W/O. M.MANI, MEENA BHAVAN, KUNNUKUZHY, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS/ RESPONDENTS -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR (LAND ACQUISITION), COLLECTORATE, THIRUVANANTHAPURAM. 4. THE KERALA STATE ROAD TRANSPORT CORPN., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. BY GOVT. PLEADER SRI.L.G.SURESH BABU ADV. SRI.K.PRABHAKARAN SC KSRTC. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- R.P No.456 of 2009 in W.P.(C) No. 15908 of 2006 ---------------------------------------- Dated this the 26th day of June, 2009 ORDER The review petitioners are the petitioners in writ petition No. 15908/2006. This Court in the judgment dated 24.3.2009 in the said writ petition directed the Kerala State Road Transport Corporation authorities to consider the request of the review petitioners to exempt a portion of land belonged to the review petitioners from acquisition. It was further directed that if the K.S.R.T.C authorities find that exemption of any portion of the land and building will defeat the purpose of acquisition, the authorities need not exempt any portion of the property, but shall proceed to fix compensation for the property under acquisition and make payment at the earliest. The review petition is filed by the review petitioners seeking to review the said judgment and requested this Court to issue directions to the Government to decide the question of exemption. It is submitted by the review petitioners that they have also submitted a detailed representation before the Government The acquisition is for the purpose of a Bus Terminal in Thiruvananthapuram City. The requisitioning authority is the K.S.R.T.C. authorities. Since the purpose for which the acquisition was initiated is a long pending need of the public, the K.S.R.T.C. authorities proceeded to acquire the land for establishing the Bus Terminal in R.P No.456 of 2009 in W.P.(C) No. 15908 of 2006 -2- Thiruvananthapuram City. The learned Government Pleader submitted that out of total extent under acquisition, the requisitioning authority has taken 4.22 acres on 22.5.2006 and 1.57 acres of land is the remaining extent which belongs to theb review petitioners. The learned Government pleader also submitted that the new Bus terminal was designed on the assumption of availability of land of not less than 5.80 acres . The facilities provided in the design includes parking, boarding, alighting, platform and other amenities which are based on scientific study conducted by M/s Wilbar Smith Associates. It is also submitted that the exemption of any portion of land or building will defeat the purpose of acquisition. In the light of the submissions made by the learned Government Pleader as above and the stand taken by the requisitioning authority to the effect that they are not in a position to exempt any portion of land and if exempted the same will defeat the very purpose of acquisition and that the acquisition is for a long pending need of the public, the grounds raised by the review petitioners cannot stand . Hence this review petition is dismissed. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- R.P No.456 of 2009 in W.P.(C) No. 15908 of 2006 ---------------------------- ORDER 26th June, 2009