Kerala High Court

Krishna Kumar vs T.K.Jose on 13 August, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                    &

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943

                       CON.CASE(C) NO. 590 OF 2021

     JUDGMENT DATED 11.12.2020 IN WA 1318/2020 OF HIGH COURT OF KERALA

PETITIONERS/PETITIONERS:

     1      KRISHNA KUMAR
            AGED 54 YEARS
            S/O CHANDRA SEKHARAN NAIR, PIONEER COTTAGE,
            PATHANAMTHITTA P.O.KOZHENCHERY TALUK,
            PATHANAMTHITTA-689 645.
     2      SAJI KOSHY GEORGE,
            AGED 49 YEARS
            S/O KOSHY GEORGE, KARAYAM VATTATHU VEETTIL, NANNUVAKKAD
            MURI, PATHANAMTHITTA P.O., KOZHENCHERY TALUK,
            PATHANAMTHITTA-689 645.
     3      SUBASH V GEORGE,
            AGED 42 YEARS
            S/O GEORGE VADAKKEVEETTIL, PATHANAMTHITTA VILLAGE,
            KOZHENCHERY TALUK, PATHANAMTHITTA-689 645.
     4      MURALEEDHARAN,
            AGED 46 YEARS
            S/O NARAYANA PILLAI, PARVATHY SADANAM, NADUVATTOM P.O.
            PALLIPAD MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA-690 512.
            BY ADVS.
            K.JAGADEESH
            SMT.V.RENJU

RESPONDENT/2ND RESPONDENT:

            T.K.JOSE
            AGED 55 YEARS
            FATHER'S NAME NOT KNOWN TO THIS PETITIONER ,ADDITIONAL
            CHIEF SECRETARY, DEPARTMENT OF HOME (C) GOVERNMENT OF
            KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
            BY ADV SRI. V. MANU, SPL. GOVERNMENT PLEADER



      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION

ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 C.O.(C) No. 590 of 2021             :2:




                Dated this the 13th day of August, 2021.

                            JUDGMENT

SHAJI P. CHALY, J.

This Contempt Case is filed complaining that the directives

contained in the judgment dated 11.12.2020 in W.A. No. 1318 of 2020

is not complied with.

2. The subject matter of the writ appeal was in respect of the

payment of compensation for acquisition of land as per the provisions of

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Re-Settlement Act, 2013 ('Act, 2013' for short).

3. After assimilating the situation, this Court directed the

respondent to consider the claims of the petitioners/appellants by strictly

resorting to the provisions of Act, 2013; but, the respondent has not

complied with the same. Hence, this Contempt Case.

4. However, today, when the matter was taken up for consideration, the

learned Senior Government Pleader Sri. S. Renjith has produced G.O.

(Rt.) No. 2218/2021/HOME dated 09.08.2021, from where it is evident

that an amount of Rs. 17,94,38,832/- is deposited by the State

Government on account of the acquisition of the land from the

petitioners. According to the learned Senior Government Pleader, the

compensation was fixed by the statutory authority in terms of the

provisions of the Act, 2013. The said Government Order reads thus:

Government of Kerala Abstract

Home Department - Acquiring the properties for the construction of Pathanamthitta Court Complex administrative sanction granted - orders issued.

__________________________________________________________________________ Home (C) Department

GO(Rt) No. 2218/2021/HOME Dated, Thiruvananthapuram, 09.08.2021 __________________________________________________________________________

Reference : 1. GO(Rt) No. 2219/2018/Rev. dated 13.06.2018

2. GO(Ms) No. 56/2019/Rev. dated 14.02.2019

3. GO(P) No. 32/2019/Fin. Dated 18.03.2019

4. Judgment dated 18.08.2020 in WP(C) No. 31579/2019, 8139/2020 filed by Shri. Krishnakumar.

5. Order No. C2/5190/2018 dated 23.10.2020 of District Collector, Pathanamthitta.

6. Decisions of the meeting presided by Hon'ble Chief Minister dated 09.11.2020.

7. Judgment dated 11.12.2020 in WA Nos. 1318/2020 & 1560/2020 of Honourable High Court.

8. GO(Rt) No. 294/2021/Home dated 28.01.2021.

9. Judgment dated 22.03.2021 in Contempt Case (Civil) No. 590/2021.

10. GO(Rt) No. 1013/2021/Home dated 31.03.2021.

11. Letter bearing No. C25190/2018 dated 05.07.2021 of District Collector, Pathanamthitta.

Order

1. For the construction of Court Complex in Pathanamthitta, the property having an extent of 242.91 Ares (6 Acre) in Survey Nos. 102/10, 102/11, 102/12, 110/01, 110/02, 110/03AB, 110/4, 110/5, 110/61, 142/6B, 142/17A, 142/7B of Vettipram Muri, Kozhenchery Taluk Pathanamthitta Village has decided to be acquired by the Revenue

Department as per LARR Act, 2013 as per order referred No. 1.

2. As per reference No. 4 judgment, it was directed to fix the approximate land price required for the acquisition of land and it was directed to the District Collector to report the same to the Government within a period of one month.

3. As per reference No. 5, for the acquisition of the property for Court Complex in Pathanamthitta, a report was filed by the District Collector fixing the value of the property as per fair value and as per the same, steps were taken to deposit Rs. 1,01,32,290/ as per reference No. 6 and on the basis of the same administrative sanction was given to acquire the land as per reference No. 8.

4. Against the reference No. 4 High Court order, the property owners have preferred WA Nos. 1318/2020, 1560/2020 and in the said Writ Appeals, by the judgment dated 11.12.2020, it was ordered that the property has to be acquired under Section 26 of LARR Act and the value has to be fixed as per the market rate and the same has to be reported to the Government. The said judgment was not received to the Home Department. Hence, only as per the order dated 18.08.2020 of Honourable High Court, the administrative order was passed sanctioning an amount of Rs. 1,01,32,290/ as per reference No. 8.

5. Against the fixing of fair value for the properties as per the administrative sanction by reference No. 8, Shri. Krishnakumar has filed Contempt Case bearing No. 590/2021 and as per the judgment referred (9), the administrative order mentioned in reference No. 8 was withdrawn as per reference No. 10 and direction was given by the Land Revenue Commissioner /District Collector to acquire the land under Section 26 of the LARR Act, 2013 as per the market rate.

6. The District Collector has reported that as per Section 26 of LARR Act, for the acquisition of property for Court Complex, the market price of 242.91 Ares, will be Rs. 8,23,11,268/ and base price is fixed as Rs. 3,52,058/ and by including the multiplication factor, solatium, interest, the total price will be Rs. 17,94,38,832/ is the estimated price and the same has been reported by the District Collector as per Reference No. 11.

7. The Government has decided the same in detail and for the Pathanamthitta Court Complex, the conditions in GO(P) No. 32/2019/Fin dated 18.03.2019 has been relaxed and for acquiring the land having an extent of 242.91 Ares, the property in Pathanamthitta Village an amount of Rs. 17,94,38,832/ is sanctioned and administrative order is passing. The amount for the said expenses can be met from the Head 40596005169 PV.

8. After getting the detailed estimate for the construction of Pathanamthitta Court Complex the detailed administrative sanction will be given and orders will be passed in accordance with the conditions in GO(P) No. 32/2019/Fin dated 18.03.2019.

By the order of the Governor, Jayasree T Joint Secretary."

5. Though the directions were not complied within the time frame

fixed by this Court, in view of the compliance of the same and taking into

account the present emergent situation of the Covid-19 pandemic, we do

not propose to proceed further in the contempt petition.

Accordingly, the Contempt Case is closed, leaving open the liberty

of the petitioners/appellants to seek appropriate remedies as is provided

under Act, 2013, if they are not satisfied with the award passed by the

competent authority.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-