Con.Case(C) No.2050/2019 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
CONTEMPT CASE(C) NO. 2050 OF 2019(S) IN WP(C) 33103/2016
PETITIONER/PETITIONER IN WPC
DR.PRIYARENJINI S., AGED 44 YEARS,
D/O.K.N.VIKRAMADITHYAN PILLAI, CONSULTANT NEUROLOGIST,
CC 55-1636 B, VRINDAVANAM, KADAVANTHRA, KOCHI - 682 020.
BY ADVOCATES M/S DR.K.P.PRADEEP, NEENA ARIMBOOR,
T.THASMI, SANAND RAMAKRISHNAN, T.T.BIJU.
RESPONDENT/1ST AND 2ND RESPONDENTS IN WPC
1. KAMALA VARDHANA RAO,
WORKING AS PRINCIPAL SECRETARY TO THE GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. S. SUHAS, DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION,
KAKKANAD, ERNAKULAM - 682 030.
ADDL. R3 & R4 IMPLEADED
3. CHANDRAN NAIR, CORPORATION SECRETARY IN CHARGE,
PRESENTLY DEPUTY SECRETARY, COCHIN CORPORATION,
CORPORATION OFFICE, ERNAKULAM-682 011.
4. SMT.JINU MOLE VARGHESE, WORKING AS SECRETARY
GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA OFFICE,
KADAVANTHRA, ERNAKULAM-682 020.
ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 22/10/2020
IN IA.1/2020 IN COC.2050/2019.
P.T.O.
Con.Case(C) No.2050/2019 2/7
ADDL. R5,R6 & R7 IMPLEADED
5. AANAND SINGH IAS,SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA AND MEMBER SECRETARY, KERALA ROAD FUND BOARD,
T.C.4/1654, MAYOORAM, NO.7, BELHAVEN GARDENS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
6. PRANABJYOTI NATH IAS,SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
7. A.S.NAISAM, CORPORATION SECRETARY, COCHIN CORPORATION,
CORPORATION OFFICE, ERNAKULAM-682 011.
ADDL. R5 TO R7 ARE IMPLEADED AS PER ORDER
DATED 05/03/2021 IN IA.1/2021.
SENIOR GOVERNMENT PLEADER FOR R1, R2, R5 & R6.
SRI.S.SUDHISH KUMAR, STANDING COUNSEL FOR R3.
ADVOCATE SRI.ARUN ANTONY FOR R4.
SRI. K. JANARDHANA SHENOI, STANDING COUNSEL FOR R7.
This Contempt of court case (civil) having come up for orders on
27.05.2022, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.2050/2019 3/7
SHAJI P.CHALY, J.
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Cont. Case (C). No. 2050 of 2019
=========================
Dated this the 27th day of May, 2022
ORDER
In compliance with the directions contained in the order dated 18.02.2022, an additional affidavit is filed by the District Collector, stating as follows:
"2. It is submitted that a review meeting was conducted in Kochi Mayor's chamber on 16.03.2022 in the presence of District Collector, and concerned officials who are part of this project and decisions were taken to accelerate the progress of work. The decisions taken at the meeting are given below.
3. The District Collector decided to evaluate the progress of the matter of obtaining financial sanction from KIIFB, for land acquisition purpose, Executive Engineer KRFB informed that 93,89,89,600/- crore has been sanctioned by Chief Executive officer KIIFB for land acquisition as per order number PWD015- 118/PE-6-PAD/2022/KIIFB dated 20.03.2022. True copy of Order No.PWD015-118/PE-6-
PAD/2022/KIIFB dated 20.03.2022 is produced herewith and marked as Annexure R2(o). This respondent has already produced Annexure Con.Case(C) No.2050/2019 4/7 Cont. Case (C). No. 2050 of 2019 -2- R2(a) to R2(n) along with previous affidavits. Directions were given to pegmark the land obtained as free surrender and land acquired under Land acquisition act. Accordingly, a squad has been constituted vide proceedings number C3- 84329/2016, dated 19.03.2022 under the supervision of Executive Engineer, KRFB, Ernakulam, consisting of Special Tahsildar (LA) Kochi corporation, Secretary Kochi municipal corporation, village field officers of Ernakulam, Elamkulam, and Poonithura village and surveyor Kanayannoor Taluk as members. Executive Engineer KRFB directed to conduct a joint site inspection and submit a detailed report within 2 weeks. The Special Tahsildar (LA) has already issued site inspection notice for fixation of alignment and pegmarking to Executive Engineer KRFB and other proposing to conduct the inspection on 12.05.2022. A true copy of the notice issued by Special Tahsildar (LA) dated 07.05.2022 is produced herewith and marked as Annexure R2(p).
4. It is submitted that as per the directions given in the meeting conducted on 19.03.2022, the Executive Engineer KRFB had submitted a detailed report after conducting joint site inspection with above mentioned squad members vide letter number AEI/TP/KRFB-PMU/EKM-TSR/2020.
Con.Case(C) No.2050/2019 5/7 Cont. Case (C). No. 2050 of 2019 -3- Based on the report received from Executive Engineer KRFB direction has been given from this office to Special Tahsildar (LA) Kochi Corporation to provide the service of surveyor to carry out the survey work.
5. Executive Engineer KRFB has been directed to submit requisition of LA Acquisition so as to proceed with SIA study. For finalizing requisition, alignment needs to be finalized and boundary stone fixing to happen. Once the survey work is over, boundary stone will be fixed. As the survey work needs physical verification of the entire land and sketch verification some more time will be required for survey work. Therefore it is requested that two months more time is necessary for completion of the joint survey. In addition to that only after the alignment fixation and pegmarking the final requisition can be submitted."
2. Taking into account the developments that have taken place after 18.02.2022, and the steps taken by the District Collector in order to proceed with the acquisition of the land required for widening the road, and the measurements and other works to demarcate the extent required for acquisition are going on, I am satisfied that substantial steps are taken to comply with the directions contained in the Con.Case(C) No.2050/2019 6/7 Cont. Case (C). No. 2050 of 2019 -4- judgment and the previous order passed by this Court. Anyhow, from the affidavit dated 11.05.2022, it is clear that the pegmarking is to be done and the alignment is to be fixed, and it is stated that steps are being taken to carry out the said works.
3. In that view of the matter, the District Collector is directed to place an affidavit before this Court with respect to the developments that are taking place on the basis of the contents of the affidavit dated 11.05.2022.
Post after 45 days.
Sd/-
SHAJI P.CHALY JUDGE uu 27.05.2022 27-05-2022 /True Copy/ Assistant Registrar Con.Case(C) No.2050/2019 7/7 APPENDIX OF CON.CASE(C) 2050/2019 ANNEXURE R2(a) TRUE COPY OF THE COMMUNICATION NO.C3/338/2016-PWD DATED 12/12/2019.
ANNEXURE R2(b) TRUE COPY OF REPORT VIDE LETTER NO.C3-84329/2016 DATED 13/12/2019.
ANNEXURE R2(c) TRUE COPY OF THE REPORT DATED 22/01/2020. ANNEXURE R2(d) COPY OF THE REPORT MADE SUBMITTED BY THE EXECUTIVE ENGINEER, PWD (R), ERNAKULAM SUBMITTED TO THE DISTRICT COLLECTOR, ERNAKULAM DATED 24/11/2020. ANNEXURE R2(e) COPY OF THE MINUTES OF THE MEETING DATED 10/07/2020. ANNEXURE R2(f) COPY OF THE MINUTES OF THE MEETING DATED 30/09/2020. ANNEXURE R2(g) A TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY OF COCHIN CORPORATION DATED 08/10/2021. ANNEXURE R2(h) A TRUE COPY OF THE LETTER ISSUED BY SECRETARY OF PUBLIC WORKS (H) DEPARTMENT DATED 13/10/2021. ANNEXURE R2(i) TRUE COPY OF THE MINUTES OF THE MEETING DATED 30/10/2021.
ANNEXURE R2(j) A TRUE COPY OF THE MINUTES OF THE MEETING DATED 21/10/2021.
ANNEXURE R2(k) TRUE COPY OF THE RELEVANT PAGES OF THE PROPOSAL FOR THAMMANAM-PULLEPPADY ROAD ANNEXURE R2(l) TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING HELD ON 13/12/2021 ANNEXURE R2(m) TRUE COPY OF THE COMMUNICATION ISSUED BY EXECUTIVE ENGINEER TO THE DISTRICT COLLECTOR,ERNAKULAM DATED 30/12/2021 ANNEXURE R2(n) TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM TO THE ADDITIONAL CHIEF SECRETARY DATED 11/01/2022.
ANNEXURE R2(o) TRUE COPY OF ORDER NO.PWD 015-118/PE-118/PE-6-
PAD/2022/KIIFB DATED 20/03/2022.
ANNEXURE R2(p) TRUE COPY OF THE NOTICE ISSUED BY SPECIAL TAHSILDAR (LA) DATED 07/05/2022.