High Court Kerala High Court

N.K.Suresh vs Union Of India on 2 July, 2008

Kerala High Court
N.K.Suresh vs Union Of India on 2 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 676 of 2008(A)


1. N.K.SURESH,S/O. KOCHU NARAYANAN
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT OF INDIA,

3. THE SECRETARY TO GOVERNMENT OF INDIA,

4. THE SECRETARY TO GOVERNMENT OF INDIA,

5. THE SECRETARY TO GOVERNMENT OF INDIA,

6. COCHIN PORT TRUST, REPRESENTED BY ITS

7. NATIONAL HIGHWAYS AUTHORITY OF INDIA

8. STATE OF KERALA

9. THE DISTRICT COLLECTOR, ERNAKULAM.

10. THE SPECIAL TAHSILDAR (LAND ACQUISITION)

                For Petitioner  :SRI.P.B.SURESH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :02/07/2008

 O R D E R
                       PIUS C. KURIAKOSE, J.
                   ----------------------------------
             R.P. NO.676/2008 IN WPC 4834/2008
          R.P. 677/2008 IN W.P.(C) NO. 11556 of 2008
                   ----------------------------------
             Dated this the 2nd       day of July, 2008

                              O R D E R

The writ petitioners seeks review of my common judgment in

W.P.(C).4834/2008, 37570/2007, 161/2008, 4728/2008,

4834/2008,5380/2008, 11556/2008 & 11556/2008. Sri.P.B.Suresh

Kumar, the learned counsel for the petitioners have addressed me on

the grounds raised in the Review Petition. I have also heard the

submissions of Sri. Siby Mathew, the learned counsel appearing for the

petitioners in some other writ petitions. Sri.D.Anil Kumar, the

learned Senior Government Pleader addressed me on behalf of the

respondent State Government and the public officers under the State

Government. Sri.Anand, the learned Standing Counsel for the Cochin

Port Trust and the Assistant Solicitor General have also addressed

me.

2. The main grievance of the petitioners is that the State

Government and the District Collector are interpreting my judgment in

such a manner as to confine the rehabilitation benefits only to those

petitioners who have opted for DLPC package and to deny such

R.P.676/2008 & others 2

benefits in all cases where awards have been passed under the Land

Acquisition Act. Sri. Suresh Kumar would submit that in almost all

these cases awards have been passed under the Land Acquisition Act

and if the interpretation of the Government to the directions issued

by this court under the judgment is to be adopted, the same will

virtually amount to depriving almost all the petitioners of the reliefs

which this court has actually conferred on the evictees.

Sri.P.B.Suresh Kumar would submit that the last sentence in clause

(a) of the operative paragraph of the judgment i.e. paragraph 30

requires to be reviewed. The learned counsel also submitted that

the parenthetical clause at the end of the last sentence in clause (c)

of paragraph 30 also requires to be deleted lest the eligible parties

may be denied the full amount which this court has granted to them

by way of special rehabilitation allowance. Sri.Suresh Kumar would

lastly submit that atleast in a few cases where some of the evictees

have opted for DLPC package and have actually executed sale deed,

sale consideration has not been paid and that the Government insisting

on immediate eviction.

3. Sri.Siby Mathew would submit that in order that the evictees

from Moolampilly also gets the benefits of this judgment, it is

necessary that the special directions are incorporated regarding such

R.P.676/2008 & others 3

evictees in whose cases awards have been passed and have been

actually evicted.

4. Sri.D.Anil Kumar, the learned Senior Government Pleader

took exception to the submission of Sri.Siby Mathew that evictees

from Moolampilly are being deprived of the rehabilitation benefits

under the cover of this judgment. According to the learned

Government Pleader Ext.R2(b) has not been touched by this court and

evictees from Moolampilly will be rehabilitated on the basis of Ext.R2

(b). The learned Government Pleader also took strong exception to

the submissions of Sri. Suresh Kumar that sale deeds have been taken

without the vendors being paid the agreed consideration. As regards

the main grievance of the petitioners, the learned Government

Pleader placed before me the written instructions imparted by the

District Collector in the matter on 2.7.2008, wherein the Government

has expressed willingness to confer all the benefits of DLPC package

also to those persons in whose cases awards have been passed under

the Land Acquisition Act but possession has not been taken and

compensation has not been paid. The relevant paragraphs of the

District Collector’s letter addressed to the Advocate General are

extracted below for convenience.

R.P.676/2008 & others 4

i). As per common judgment DLPC package

will not be available to cases where awards under

Land Acquisition Act have already been passed.

Some of the writ petitioners in the common

judgment referred above, have filed review petition

seeking clarifications to the effect that in case of

persons where awards have already been passed

should also be extended the benefits of DLPC rates.

2. In order to take possession of land of the

remaining persons we can take stand that reliefs of

DLPC package may be given to those people in

whose cases awards have been passed under Land

Acquisition Act but possession has not been taken

and compensation not paid. But this can be done

only if the above persons withdraw their court

reference application under Section 18 of the Land

Acquisition Act and give an undertaking that they

will not apply for court reference.

Since the matter needs to be finalised

R.P.676/2008 & others 5

urgently a maximum period of two days may be

given for them to comply with above directions and

file DLPC option and submit necessary documents. ”

5. Having anxiously considered the rival submissions made at

the bar, I am of the view that it was never the intention of this court

to deny the rehabilitation benefits to the evictees in whose cases

awards under the Land Acquisition Act have been passed. A careful

reading of the judgment will show that this court became inclined to

accept the claim of the petitioners for rehabilitation benefits to a

considerable extent on the basis of the resettlement and rehabilitation

policy declared by the Government of India in 2003 and also by the

principles laid down by the Supreme Court in the judgment referred to

in the judgment. Though option has been given to the parties under

clause (a) of paragraph 30, the same has been given only in the

context of the monetary compensation to be paid to the persons who

are being deprived of their properties whether such compensation

should be determined in terms of Section 23 of the Land Acquisition

Act or in terms of the land value rates fixed by the DLPC. In my

R.P.676/2008 & others 6

opinion clause(c) of paragraph 30 which specifically deals with

rehabilitation benefits is clear enough to indicate that eligibility for

rehabilitation benefits will be independent of the party opting for DLPC

rates.

6. However, since it is clear that operative portion of my

judgment has given rise to some confusion in the matter of identifying

the persons who should be given the benefits of rehabilitation and also

since I find some merit in the request of the learned counsel for the

petitioners (which is practically endorsed by the learned Government

Pleader also) I am inclined to allow these review petitions and issue

the following directions/clarifications;

a). Evictees from Moolampilly will be entitled for the

rehabilitation benefits which have been extended to them by the

Government under Ext.R2(b) and such benefits will not be denied to

them on the reason that awards have been passed and that their

lands have already been taken possession of.

b). The relief given under clause (a) of paragraph 30 of my

judgment i.e. regarding exercise of option for DLPC rates is extended

R.P.676/2008 & others 7

also to those parties in whose cases awards has been passed under

the Land Acquisition Act provided compensation amount has not been

paid and possession has not been taken.

(c). Time for exercising option granted under clause (a) is

extended till 5 P.M. on 5.7.2008.

d). If any such persons covered by (b) and (c) above ( awards

already passed under the Land Acquisition Act but possession has not

been taken and compensation not paid) have already filed reference

applications under Section 18, it is open to the Land Acquisition

Officer to close such reference applications as unnecessary.

e). The parenthetical clause ( basic land value x 2 ) at the end

of the last sentence in clause (c) of the judgment is hereby deleted.

PIUS C. KURIAKOSE
JUDGE
dpk