IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28763 of 2009(M)
1. SASIPRABHA, W/O.C.V.MANI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SECRETARY TO GOVERNMENT
3. GREATER COCHIN DEVELOPMENT AUTHORITY
For Petitioner :SRI.TOM K.THOMAS
For Respondent :SRI.S.B.PREMACHANDRA PRABHU
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/06/2010
O R D E R
S.SIRI JAGAN, J.
==================
W.P.(C).No. 28763 of 2009
==================
Dated this the 11th day of June, 2010
J U D G M E N T
An extent of 15.480 cents of land was acquired by the 3rd
respondent-Greater Cochin Development Corporation, from the
petitioner for the construction of the Jawaharlal Nehru International
Stadium at Ernakulam. At the time of acquisition, the petitioner was
promised that she will be given a suitable land in the very same
locality. Accordingly, Ext.P1 exchange deed was executed. However, it
was found that the land given to the petitioner comprised partly of
thodu puramboke and same was proposed to be acquired by the
Railways. Thereafter, the 3rd respondent agreed to give another
property to the petitioner and a decision was taken to that effect by
the executive committee of the GCDA as also the General Council on
26.5.2008. The petitioner filed this writ petition since no action was
taken pursuant the said decision. Originally the 3rd respondent took
the contention that the matter was referred to the Government for
approval and without getting approval of the Government, the same
cannot be done. But during the pendency of the writ petition, the
Government passed Ext.P7 order, whereby the GCDA was given
permission to implement their decision by giving the petitioner the
land proposed to be given. But unfortunately, in Ext.P7, the extent of
w.p.c.28763/09 2
the property was shown as 10.75 cents and the survey number was
shown as 293. Therefore, the matter was taken up with the
Government for correction of the same. The petitioner has now
produced Ext.P8, wherein the Government has corrected the mistake
in the survey number, but the extent remains the same. But the
petitioner submits that the petitioner is satisfied with that extent. In
view of the above orders of the Government, the GCDA cannot have
any objection as per their decision dated 26.5.2008. Accordingly, this
writ petition is disposed of with a direction to the 3rd respondent-GCDA
to complete the proceedings as per their decision on 26.5.2008 and
execute an exchange deed as expeditiously as possible, at any rate,
within four months from the date of receipt of a certified copy of this
judgment. The parties agree that the reclamation of the land also has
to be done, which also the GCDA would do and it is for that purpose,
the larger time of four months is fixed for completion of the process.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge