Kerala High Court
The Kerala State Legal Services ... vs State Of Kerala on 5 February, 2021
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -1-
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 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.1760 OF 2013(S)
PETITIONER/S:
THE KERALA STATE LEGAL SERVICES AUTHORITY
NIYAMA SAHAYA BHAVAN, HIGH COURT COMPOUND,
ERNAKULAM, KOCHI 682 031 REPRESENTED BY ITS
MEMBERSECRETARY.
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,
SCIENCE AND TECHNOLOGY DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
4 THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,
ENVIRONMENT DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
5 THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
6 THE KERALA WATER AUTHORITY,
OFFICE OF THE KERALA WATER AUTHORITY,
THIRUVANANTHAPURAM 695 001 REPRESENTED BY ITS
MANAGING DIRECTOR.
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -2-
7 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
OFFICE OF THE KERALA COASTAL MANAGEMENT
AUTHORITY,SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004
REPRESENTED BY ITS MEMBER SECRETARY.
8 GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY
TO
GOVERNMENT, MINISTRY OF ENVIRONMENT AND FOREST,
NEW DELHI.
9 THE NATIONAL COASTAL ZONE MANAGEMENT AUTHORITY,
OFFICE OF THE NATIONAL COASTAL ZONE MANAGEMENT
AUTHORITY,
NEW DELHI
REPRESENTED BY ITS MEMBER SECRETARY.
10 THE KADAMAKUDY GRAMA PANCHAYATH,
OFFICE OF THE
KADAMAKUDY GRAMA PANCHAYATH PIZHALA P.O.,
ERNAKULAM682 027 REPRESENTED BY ITS SECRETARY.
11 THE SECRETARY KADAMAKUDY GRAMA PANCHAYATH
OFFICE OF THE KADAMAKUDY GRAMA PANCHAYATH PIZHALA
P.O., ERNAKULAM 682 027.
12 GOSHREE ISLANDS DEVELOPMENT AUTHORITY
OFFICE OF THE GOSHREE ISLANDS DEVELOPMENT
AUTHORITY, PARK AVENUE, OLD COLLECTORATE CAMPUS,
COCHIN 682 011 REPRESENTED BY ITS SECRETARY.
13 ADDL.R13. K.O.MANUEL
AGED 60, S/O.LATE OUSEPHKUTTY, KODUVELIPARAMBIL,
CHENNUR DESOM, KOTHAD.P.O., KADAMAKUDY VILLAGE,
KANAYANNUR TALUK, ERNAKULAM. (ADDL.R13 IS
IMPLEADED VIDE ORDER DATED 01.03.2013 IN IA
3077/13.)
14 ADDL.R14. GREATER COCHIN DEVELOPMENT AUTHORITY
REPRESENTED BY SECRETARY, KADAVANTHARA, KOCHI -
20. (ADDL.R14 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 19.07.2013.)
R1-R5 BY SRI. SURIN GEORGE IPE, SR. G.P.
R6 BY SRI. P. BENJAMIN PAUL
R7 BY SRI. M. P. PRAKASH, STANDING COUNSEL
R8-R9 BY SRI. P.VIJAYAKUMAR, ASG
R10-R11 BY SRI. T. P. SANTOSH KUMAR
R12 BY VARGHESE K. PAUL
R13 BY VARGHESE C. KURIAKOSE
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -3-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2021, ALONG WITH WP(C).12277/2018(S), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -4-
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 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.12277 OF 2018
PETITIONER/S:
ASWIN P.J
S/O. JOSE.P.X, AGED 22,PRESIDENT,
KERALA CATHOLIC YOUTH MOVEMENT,
PIZHALA, PIN- 682 027
BY ADV. SHRI.SHERRY J. THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO PUBLIC WORKS
DEPARTMENT,THIRUVANANTHAPURAM-1
2 THE GENERAL MANAGER
KERALA STATE CONSTRUCTION CORPORATION LTD.VYTILLA,
KOCHI- 682 019
3 GOSHREE ISLANDS DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY/ DISTRICT
COLLECTOR,COLLECTORATE, ERNAKULAM- 30
4 KADAMAKKUDY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
PIZHALA- 682 020
5 MS CHERIYAN VARKEY CONSTRUCTION CO P LTD
ENGINEERS & CONTRACTORS,5TH FLOOR,
ALPHA PLAZA,K P VALLON ROAD,
KADAVANTHRA- 20
6 ADDITIONAL CHIEF SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM.
(ADDL. R6 IMPLEADED AS PER ORDER DATED 11.07.2018
IN I. A. NO. 11253 OF 2018)
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -5-
R1, R6 BY SRI.K.V.SOHAN, STATE ATTORNEY
R1, R6 BY SRI. SURIN GEORGE IPE, SR. G.P.
R2 BY SRI. SRI.M.V.THAMBAN, SC., KSCC LTD.
R3 BY SRI. SRI.VARGHESE K.PAUL
R5 BY SRI. SANTHOSH MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2021, ALONG WITH WP(C).1760/2013(S), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C). Nos. 1760 of 2013
& 12277 of 2018 -6-
JUDGMENT
[ WP(C).1760/2013, WP(C).12277/2018 ]
Dated this the 5th day of February, 2021
Shaji P. Chaly, J.
The captioned writ petitions are public interest litigations filed
seeking to ventilate the basic and human rights grievances of some of
the islanders within Kochi Corporation area, and the nearby local
bodies . First among the captioned writ petitions is filed by the Kerala
State Legal Services Authority, seeking the following reliefs:-
"i) To issue a writ in the nature of mandamus or any other
appropriate writ or order directing respondent Nos. 1 to 12 to see
that adequate facility for potable water to the inhabitants of
respondent No. 10 Grama Panchayat in all the 9 islands are
provided forthwith or within such time as this Hon'ble Court may
deem fit and proper in the interest of justice;
ii) To issue a writ in the nature of mandamus or any other
appropriate writ or order directing respondent Nos. 1 to 12 to see
that adequate medical facilities, including improved
infrastructural facilities at Primary Health Centre, Pizhala,
Ayurvedic hospital and Homeo Dispensary situated in respondent
WP(C). Nos. 1760 of 2013
No. 10 Grama Panchayat area, to the inhabitants of respondent
No. 10 Grama Panchayat in all the 9 islands, are provided
forthwith or within such time as this Hon'ble Court may deem fit
and proper in the interest of justice;
iii) To issue a writ in the nature of mandamus or any
other appropriate writ or order directing respondent Nos. 1 to 12
to provide traffic worthy roads and cause
development/maintenance/repairs to the roads mentioned in
paragraphs 8 and 9 of the writ petition along with adequate
transport facilities, forthwith or within such time as this Hon'ble
Court may deem fit and proper in the interest of justice;
iv) To issue a writ in the nature of mandamus or any other
appropriate writ or order directing respondent Nos. 1 to 12 to
provide exemption to native islanders from CRZ Regulations &
CRZ for Kerala (Coastal Regulation Zone Notification 2011) so
as to enable them to have human dwellings/ residential
accommodation in their own islands in respondent No. 10 Grama
Panchayat and to regularize constructions already effected
forthwith or within such time as this Hon'ble Court may deem fit
and proper in the interest of Justice;
v) To issue a writ in the nature of mandamus or any other
appropriate writ on order directing respondent Nos. 1 to 12 to
consider and pass final orders on Ext. P5 representation, within
such time as this Hon'ble Court may deem fit and proper in the
interest of justice;
vi) To issue a declaration that native islanders in 9 islands
in respondent No. 10 Grama Panchayat wherein almost 80% of
WP(C). Nos. 1760 of 2013
the area is water logged and surrounded by water on all sides are
entitled to get exemption from CRZ Regulations, notifications
and distance rule interdictions in the matter of
construction/renovation/maintenance of human dwellings/
residential accommodation of their own and imposition of such
restrictions and interdictions on native islanders is a direct
negation of their fundamental human rights recognized under
Articles 14, 19(1)(e) and 21 of the Constitution of India and
adopted by India in various international covenants on human
rights and CRZ for Kerala under Coastal Regulation Zone
Notification 2011 to the extent it relates to native islanders of
Kadamakkudy Grama Panchayat is thus unconstitutional and
unenforceable against them."
2. The connected writ petition is filed by a public spirited
person, seeking the following reliefs:-
"i) Call for the entire records regarding Exhibit P 7
pertaining to the construction of Moolampilly-Pizhala bridge and
road connectivity and Direct the 1st and 2nd Respondent not to
grant further extension of time.
ii) Issue a writ of mandamus, any other writ, or direction
to the 2nd and 3rd Respondents to ensure the completion of the
construction of Moolampilly - Pizhala bridge and connecting
road within the time frame of the present contract, without
further extension.
iii) Issue a writ of mandamus, any other writ, or direction
to the 1st Respondent to fix liability upon the erred officials who
WP(C). Nos. 1760 of 2013
had waived off the penalty without recording sufficient reasons
and granted arbitrary extension of time for completion of the
construction of Moolampilly - Pizhala bridge and connecting
road.
iv) Issue a writ of mandamus, any other writ, or direction
to the 3rd Respondents to make arrangements for 24 hours free
ferry service in Moolampilly -Pizhala Island by using GIDA
funds, till the commissioning of the Pizhala-Moolampilly
Bridge."
3. From the verification of the reliefs sought for by respective
petitioners and the pleadings, it is explicit and evident that the issue
basically relates to lethargy and failure on the part of the respondents
to provide basic facilities, amenities and necessary requirements to the
Islanders such as potable drinking water, roads, transport facilities ,
accessible bridges, electricity, health centres , hospitals etc . It is
relevant and important to note that the islands in question are situated
very close to Kochi City having its own beauty and potential in many
ways. At the same time the inhabitants of the island are facing
innumerable difficulties and inconveniences due to lack of proper
connectivity, disabling them to meet up with emergent situations. It is
in the said backdrop the reliefs extracted above are sought for .
4. In fact, the respective respondents have filed detailed counter
WP(C). Nos. 1760 of 2013
affidavits in regard to the issues raised by the parties in the writ
petitions. However, we do not think that an elaborate discussion of the
issues sought for adjudication and the rival submissions made by the
respondents are required to be carried out, in view of the status report
filed by the Goshree Islands Development Authority (GIDA) as
directed by this court on 13-01-2020, which was entrusted with the
projects, for providing various facilities to the inhabitants of
Kadamakkudy Grama Panchayat and the islands in question . The
status report reads thus:-
"STATUS REPORT FILED BY THE 12TH RESPONDENT AS
DIRECTED BY THIS HON'BLE COURT ON 13.01.2020 WITH
REGARD TO THE ACTION TAKEN TOWARDS PROVIDING
FACILITIES TO THE INHABITANTS IN ALL ISLANDS
WITHIN THE JURISDICTION OF GIDA INCLUDING
KADAMAKUDY GRAMA PANCHAYAT.
This report is being filed in compliance with the directions
issued by this Hon'ble court on 13.01.2020 to file the status
report with regard to the projects undertaken for providing
various facilities to the inhabitants of Kadamakudy Grama
Panchayath in all Islands. The details of the present status of the
work as on 13.01.2020 is being incorporated in this report and
the same may kindly be taken on record.
GOSHREE ISLANDS DEVELOPMENT AUTHORITY (GIDA)
1. The region of Vypeen -Vallarpadam and Bolgatty Island lying
in the western side of Kochi was an isolated area.
WP(C). Nos. 1760 of 2013
2. Without any road connectivity to main land, islanders faced
great hardship as water transport was the only mode of transport
to the mainland. In 1994, recognizing the need for the integrated
development of these islands, the Government of Kerala formed
the Goshree Islands Development Authority (GIDA) as per sub
section 1 of section 51 of the Kerala Town and Country Planning
Act, 2016 (Act 9 of 2016). As per G.O.(P) No. 30/2018/LSGD
dated 17/04/2018 and G.O.(P) No. 64/2018/LSGD dated
06/08/2018, Government have re-constituted the General Council
and the Executive Committee of GIDA.
3 Kadamakkudy Grama Panchayat is one of the 8 Panchayats in
GIDA area. This Panchayat consists of a group of Islands of
about 13 sq. km in area located north of Mulavukad and east of
Vypeen Island.
4. The area of GIDA is 100 sq meters with a population of
214695 as per 2011 Census. As per GO (P) No. 29/2018/LSGD
dated 17/04/2018, the area comprised in GIDA includes Fort
Vypeen Part, Gundu Island, Thanthonni Thuruth (all parts of
Kochi Corporation) and the Panchayath namely Kuzhuppilly,
Pallipuram, Edavanakadu, Nayarambalam, Njarackkal,
Elamkunnapuzha, Mulavukadu and Kadamakkudy.
5 The bridges namely Goshree bridges connecting Ernakulam-
Mulavukad, Mulavukad-Vallarpadam and Vallarpadam-Vypeen
was the first project of GIDA. A self supporting team was
evolved to generate finance for this project. The estimate for the
Vypeen bridges and land reclamation was arrived at Rs. 84
crores. GIDA entrusted the work of 25 hectares of Land
WP(C). Nos. 1760 of 2013
reclamation, construction of bridges and connecting roads to the
Cochin Port Trust (CPT) as a deposit work. The amount received
by sale of reclaimed land was utilized for repaying the loan
borrowed from banks for the construction of the bridges. The
three bridges, viz. Goshree Bridges were completed and opened
to the public in the year 2004.
6. Pursuant to the Goshree bridges project, many other
infrastructure development projects for the Islanders were taken
up and completed by the GIDA using the savings. GIDA is
implementing several infrastructure projects and the projects are
at various stages of implementation. They are as follows:
i) Moolampilly - Pizhala Bridge & Approaches: It is the 1st
phase of Moolampilly-Chathanad Road Project. Administrative
and Expenditure Sanction and tender acceptance for this project
was accorded by Government vide G.O.(Rt)
No.2539/2014/LSGD dt. 27.09.2014. The tender acceptance was
for Rs. 66,75,21,246/-. GIDA has engaged Kerala State
Construction Corporation (KSCC) Ltd., as the implementing
agency of this project. As on 13/01/2020 an amount of Rs.70.815
crores was spent for this project. The Regional Manager, KSCC
Ltd., has intimated that all works except Mastic Asphalting of the
bridge surface and the painting of handrails have been
completed. The work is progressing well. However, with the
commencement of a connectivity bridge, it was decided on
technical ground by Kerala State Construction Corporation
(KSCC) that tarring and painting work can be completed only
along with that of the connectivity bridge. With regard to the
WP(C). Nos. 1760 of 2013
completion of the connectivity bridge, GIDA has received a
report from KSCC vide letter dated 20/01/2020.
The Executive Committee held on 21/11/2019 in the chamber of
Hon'ble Chief Minister in Legislative Assembly,
Thiruvananthapuram ratified the action taken by the Secretary,
GIDA in releasing Rs.96,000/- towards payment to boat service
along Kadamakkudy-Chittoor for the period from 24/09/2018 to
30/04/2019 and for releasing an amount of Rs 21,000/- towards
payment to Jankar Service, along Pahala-Kothad for the period
from 15/06/2019 to 29/06/2019, and also releasing an amount of
Rs.76,500/- to the Secretary, Kadamakkudy Grama panchayath
towards payment to the jankar service along Pizhala- Kothad for
the period from 01/07/2019 to 21/08/2019, pursuant to the
demands of the public.
There were complaints from the public that Pizhala was not
connected with main land and even for the medical emergencies
in the night, there was no facility in place to take them to
hospital. Considering the demand, GIDA installed emergency
steel stair at Pizhala at cost of Rs. 2.15 lakhs
ii) Moolampilly -Pizhala Bridge-Connectivity to Pizhala.
The 4.35 km long Moolampilly-Chathanad road was initially
proposed to be constructed along ground by reclaiming wetland.
As development of wetland was involved, environmental
clearance was required. Approval for the Moolampilly-Pizhala
Bridge was obtained from the Government vide G.O. (R)
No.87/14/ENVT, dated 22/05/2014, with a condition that wet
land shall not be reclaimed. Hence, the approach road had to be
WP(C). Nos. 1760 of 2013
constructed on stilts to comply with the condition in the G.O. The
work was awarded to M/s Cheriyan Varkey Constructions
Company Ltd, by KSCC, the consultant of GIDA at Rs. 10.16.
crores. The construction work of Moolampilly-Pizhala Bridge
was also awarded to Cheriyan Varkey Constructions Company
Ltd. An extent of 24.39 Ares of land is required for the
construction of a bridge to the existing concrete road at Pizhala.
Consent letters from all the seven land owners were obtained and
work was commenced on 08/02/2019. Approximately 84% of
construction work in terms of value has been completed so far.
Rajagiri College of Social Services was appointed as a Social
Impact Assessment (SIA) unit by the District Collector. The
Social Impact Assessment (SIA) public hearing was conducted
on 29/06/2019 and the final report was submitted. Preliminary
notification under Section 11 (1) of Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement, Act, 2013 (Act 30 of 2013) was published in
Gazette dated 04/12/2019, for acquiring land for the said
purpose. Land acquisition award under the Act can be passed
only after complying various statutory provisions including
award enquiry. The land acquisition for connectivity to Pizhala is
progressing.
iii) ValiyaKadamakkudy-ChathanadBridge and approaches
Valiyakadamnkudy-Chathanad bridges and approaches are
included in Phase-II project in the Moolampilly-Chathanad road
Projects. Government vide G.O.(Rt) No 2430/13/LSGD dated
30/09/2013 have accorded Administration and Expenditure
Sanction for these projects at an amount of Rs. 52 crores. GIDA
WP(C). Nos. 1760 of 2013
engaged Kerala State Construction Corporation Ltd. (KSCC) as
the implementing agency for the projects. Government vide G.O.
(Rt) No.1048/2014/LSGD dated 29/04/2014 have accorded
sanction to the lowest tender and the agreed Probable Amount of
Contract (PAC) was Rs. 34,48,83,905/-.
The present status of the work
Construction of the bridge portion over the river is completed.
Construction of abutment A1 to pier P3, and, pier P11 to
Abutment A2 and approach road of about 350 m are pending due
to non-availability of land on either side of the river.
An amount of 19.63 Crores has been released to KSCC Ltd
towards part payment.
Land Acquisition for the projects
The 29th General Council of GIDA on 31/05/2014 decided to
obtain the land required for the project through direct purchase
by GIDA and to request the Government for giving sanction to
GIDA for direct purchase of land. Government vide G.O.(Rt)
No.4288/2016/RD dated 17/10/2016 have accorded sanction for
negotiated purchase of 208.48 Ares of land for the project. Four
Land owners whose lands were proposed for Rehabilitating the
persons evicted filed Writ Petition (C) No.6781/2015 before this
Hon'ble Court against acquisition of their land. This Hon'ble
Court disposed of the Writ Petition with direction to the District
Collector to dispose of the petition filed by the petitioners
therein. The direction of this Hon'ble Court was compiled and the
report was submitted to the Government to that respect. The
petitioners in the above Writ Petition again filed WP(C) No.
WP(C). Nos. 1760 of 2013
39385/2015 and another land owner filed WP(c) No. 6807/2015
before this Honorable court against acquisition of their land for
rehabilitation purpose and the same are pending now.
The MLA's of Paravur and Vypeen conducted a meeting to
explain the importance of projects and requested the co-operation
of land owners and accordingly 10 out of 42 land owners agreed
for negotiated purchase and gave consent for taking possession of
their land for the project. Almost all the land owners of
Ezhikkara Village, except four persons who filed the above writ
petitions have agreed for negotiated purchase. However, they did
not give a consent letter. Since the consent of all the landowners
was not received for negotiated purchase, it was decided by
District Collector to initiate Land Acquisition proceedings and
accordingly in January 2017 requisition for land acquisition as
per LARR Act (Act 30 of 2013) was submitted to District
Collector, Ernakulam by GIDA. Government vide G.O.(Rt) No.
79/2019/REV dated 27/02/2019 have sanctioned acquisition of
land as per the provisions of LARR Act (Act 30 of 2013).
Subsequently, the notification under Section 11(1) of Act 30 of
2013 for acquiring the land was published in the Gazette dated
15/10/2019. Land acquisition award under the Act 30 of 2013 can
be passed only after complying various statutory provisions
including award enquiry.
iv) Kothad- Chennur- Bridge
The work of Kothad- Chennur Bridge was awarded to the PWD
Bridges Wing as per the decision of the 31st General Council
meeting of GIDA held on 23/10/2018. Upon the request of PWD,
WP(C). Nos. 1760 of 2013
an amount of Rs.11.10 lakhs was released to PWD towards
preliminary investigation expenses, pursuant to the remarks
obtained from the technical consultants. In the review meeting
held on 02/07/2019, it was reported that the design and estimate
will be furnished within four months by PWD. No response in
this regard is received from PWD so far. In the above
circumstances Executive Committee meeting of GIDA held on
21/11/2019 decided to examine the possibilities of entrusting the
work to any of the State Finance Department accredited agencies
in case of any further delay in the implementation of work.
v) Pizhala-Chenoor-Cheriyanthuruth 9 meter Road Project
As part of development of Kadamakudy Panchayat, GIDA took
up the widening of the existing Panchayath road of Pizhala-
Chenoor-Cheriyanthuruth to 9 meter width and construction of
two bridges that come along the road stretch. The alignment of
the project was prepared by Kerala State Housing Board (KSHB)
and was approved by the General Council of GIDA in its 25th
meeting held on 01/02/2021. The above works were later
entrusted to PWD. PWD prepared alignment plan, General
Arrangement Drawing (GAD) and structural design for Chennur-
Pizhala Bridge and the Chennur Cheriyanthuruth Bridge.
Administrative Sanction of Road widening project was Issued by
Government for Rs 2.35 crores vide G.O.(Rt)
No.3128/2011/LSGD dated 29/12/2011.
On 09/02/2014, a meeting was conducted by Secretary GIDA
with the Panchayath Authorities, PWD Officials, representatives
of Janakeeya Vikasana Samithi etc. The PWD officials informed
WP(C). Nos. 1760 of 2013
in the meeting that initial proposal for the project was Rs.49.95
Crores for the bridges and Road Construction and the revised
proposal now comes to Rs.81.15 crores, The secretary informed
that the entire fund available with GIDA has already been
earmarked for various proposals sanctioned by General Council
of GIDA. Hence, funds for any additional expenses are not
available with GIDA. The panchayath authorities informed in the
meeting that the construction of two bridges may be carried out
on priority basis and the construction of road will be met from
Panchayath fund. The secretary GIDA directed the PWD officials
to submit a revised estimate for the bridge construction.
Accordingly, the PWD officials submitted estimates for two new
bridges amounting to Rs.40 crores.
As decided in the 31 General Council meeting held on
23/10/2018, the work done so far for this project was re-assessed.
Vide a Council resolution 1(1) dated 13/03/2019, the Panchayath
suggested that as a first Phase, road stretch from landing point of
connectivity bridge to the proposed Pizhala-Chennur Bridge
should be taken up. This matter was discussed with Executive
Engineer, PWD (roads) and the Technical Consultant of GIDA
and felt that approximately 350 meter long stretch from the
landing point of Connectivity Bridge up to the existing Pizhala
road needs to be constructed urgently so as to make use of the
Pizhala Moolampilly bridge to the Islanders. The remaining
approximately one km long stretch suggested by the Panchayath
is through a developed area.
PWD (roads) has requested Rs. 1.94 Lakhs towards preliminary
investigations expenses and accordingly GIDA released an
WP(C). Nos. 1760 of 2013
amount of Rs.1,70,200/- to the Executive Engineer PWD vide
order No.GIDA/679/2012 dated 02/09/2019. It is further
submitted that the work of 350 meter road from Connectivity
Bridge to the Pizhala road will be done on war footing basis and
it will be open to the public at the earliest. The Executive
committee meeting held on 21/11/2019 authorized the Secretary,
GIDA to execute the work through the finance department
accredited agencies like KMRL, ULCCS, CIAL etc, to fast track
the projects and to take actions to obtain Administrative Sanction
for the project of 350 meters road work from connectivity bridge
to the existing Pizhala road.
vi. Water supply scheme for Kadamakkudy Grama
Panchayat.
As per the submission of Kerala Water Authority (KWA), GIDA
requested Government for getting revised Administrative
Sanctions and accordingly Government have accorded revised
sanction for Rs. 31 Crores for the water supply schemes for
Kadamakkudy Grama Panchayath. Total amount of Rs. 26.620
crores was spent for this project. This project work was
completed and the same was commissioned on 24/12/2017.
DETAILS OF ON GOING PROJECTS IN KADAMAKKUDY GRAMA PANCHAYAT
SL. NAME OF APPROVE EXPEN STATUS OF WORK
NO. PROJECTS D/ DITUR
ESTIMATE E TILL
D DATE
AMOUNT RS. IN
RS. IN CRORE
CRORES S
1 Water Supply 31.000 26.620 Work Completed & inaugurated
Scheme on 24/12/2017
Kadamakudy
Panchayat
2 Moolampilly 81.7500 70.815 Under implementation through
Pizhala Bridge & KSCC. Nearing completion
Approaches
WP(C). Nos. 1760 of 2013
3 Connectivity bridge 14.5000 0.000 Under implementation through
to Pizhala KSCC. Nearing completion.
4 Valiyakadamakudy 52.0000 19.298 Under implementation through
- Chathanad KSCC. Bridge portion
Bridges & Bridges completed. Approach road not yet
started. LA proceedings are in
progress
5-a Cheriyanthuruth- 2.3500 0.170 Under implementation through
Chennur-Pizhala PWD Roads. Soil investigation
9m road report not yet received
Road from 00000 0.000 Executive committee held on
connectivity to 21/11/2019 entrusted the work of
Pizhala (Pizhala 350m road upto pizhala road to
9m road project-1st any acredited agency. Alignment
part) of the above finalized and peg marked.
9m road 350m upto Estimate & report under
pizhala road- preparation by ULCC.
5-b Cheriyanthuruth- 35.3000 0.209 Under implementation through
Chenur & Chennor PWD Bridges. Payment given for
- Pizhala Bridge investigation. Investigation report
not yet Received.
6 Kothad-Chenoor 37.5000 0.111 Under implementation through
Bridge & PWD Bridges. Payment given for
Approaches investigation. Investigation report
not yet Received.
7 Master plan 1st 1.0000 0.5633 Under implementation through
phase infrastructure Panchayat
project
8. Improvements of 0.5000 0.480 Completed & inaugurated on
PHC centre at 24/07/2017
pizhala
9. Other Road 2.0300 1.250 Under implementation through
Projects pwd / panchayat
10 Electricity & Water 0.3215 0.3215 Implemented through KWA &
supply at KSEB
Rehabilitation area
for ICTT
Total 258.2515 119.838
Other proposals of Kadamakkudy Grama Panchayat
SL. NAME OF Administr Bill Remarks
NO. PROJECT ative amount
sanction paid
amount
1 Chennur 1500000 1490914 Work completed
Mappilassery Road
2 Chennur 1500000 1297664 Work completed
Kadeparambu road
3 Pizhala 1000000 0.000 Work completed. Bill is in
Malikamukku cross processing.
road
4 Pizhala cemetery 1337402 1333091 Work completed
colony road
5 Chariyanthuruth 2276000 2227483 Work completed
Church road
6 Paliyanthuruth road 2200000 2021450 Work completed
7 Valiyakadamakudy 2500000 2449768 Work completed
road
8 Cheriyakadamakud 1706800 1677366 Work completed
y road
WP(C). Nos. 1760 of 2013
Total 14020202 13363756
9 Cheriyakadamakud 6000000 0.00 Work entrusted to PWD. Work
y bridge not yet started
10 Pizhala PHC 4975000 4753661 Work entrusted to Block
building Panchayat. Work completed and
inaugurated on 24/12/2017
11 Moolamppilly 3075000 3075000 Action completed
rehabilitation
(KWA - 14.35 +
KSEB - 16.40)
12 Moolamppilly 140000 140000 Action completed
rehabilitation
Total (Sl no. 10,11 8190000 7968661
& 12)
DETAILS OF KADAMAKKUDY PROPOSALS
27th GC held on 26/5/2012 approved Rs. 50 lakhs converted housing fund to
infrastructure projects
Sl Name of Projects Ward Admini Paid Status of work
. strative amount
N Sanctio
o. n
amount
1 Valiyakadamakudy north I 540000 Panchayath informed
road work completed. Bill
not submitted till
date.
2 Chariyanthuruth II 190000 Panchayath informed
Sivashekthrem road work completed. Bill
formation & side not submitted till date
protection
3 Construction of waiting II 60000 Panchayath informed
shed at Puthussery bus work completed. Bill
stop not submitted till date
4 Construction of side III 250000 209601 Work completed
protection wall & 1st
mettalling at chennur
Kannapulangattu road
5 Vakkil colony road drain IV 250000 218673 Work completed
& foot path at Chennoor
6 Kothad Kandanad Kadthu V 330000 Panchayath informed
Kadavu road mettalling work completed. Bill
taring and foot path not submitted till date
concreting
7 Kothad thnomattil road V 210000 Panchayath informed
concreting work completed. Bill
not submitted till date
8 Kothad St. Mary's road VI 380000 Panchayath informed
and Kannattuthara road work completed. Bill
mettling & tarring not submitted till date
9 Construction of cover slab VI 160000 Panchayath informed
and foot path concreting work completed. Bill
at Chulliyil road not submitted till date
10 Kothad Mother thressa VII 540000 540000 Work completed
road mettaling & tarring
11 Moolamppilly 4 cent VIII 540000 Panchayath informed
colony foot path concrete work completed. Bill
and drain not submitted till date
WP(C). Nos. 1760 of 2013
12 Construction of drain & IX 540000 Panchayath informed
footpath at Moolamppilly work completed. Bill
mud colony, St. Sebastian not submitted till date
kapela byelane,
moolamppilly payyappilly
south main road
13 Constuction of side X 123000 Panchayath informed
. protection wall & foot work completed. Bill
path concreting in Pizhala not submitted till date
EP Francis Road
14 Construction of cover slab X 137000 Panchayath informed
at Pizhala main road work completed. Bill
not submitted till date
15 Pizhala M. A. Antony XI 250000 Panchayath informed
road concreting and drain work completed. Bill
not submitted till date
16 Construction drain & foot XII 250000 Panchayath informed
path concreting at work completed. Bill
paliyamthuruthu 4 cent not submitted till date
colony (Ambedkar
colony)
17 Valiyakadamakudy south XIII 250000 Panchayath informed
Main road mettaling work completed. Bill
not submitted till date
Total 500000 968274
DETAILS OF KADAMAKKUDY PROPOSALS
24th GC held on 24.2.10 approved Rs. 50 lakhs for infrastructure projects
Sl. Name of Projects Ward Adminis Paid STATUS OF
No trative amount WORK
. Sanction
amount
Metalling & tarring of I 427000 423712 Completed
North Jetty Road
2 Forming, Metalling & II 425000 417726 Completed
Tarring at
Chariyanthuruth Jetty
Road
3 Construction of drain, III 269000 267381 Completed
cover slab and foot path
connecting cemetery
bylane road
Mettling of Mappilassery IV 102000 101386 Completed
road at Chenur
Metalling, Tarring of IV 162000 148679 Completed
ration shop ferry road
and reconstruction of
slab of the culvert at
Chennur
Maintenance of IV 160000 151833 Completed
Michabhumi connection
road
Metalling & Tarring of V 420000 417792 Completed
Kandanad Kappela
Shappupadi Road
Mettalling & Tarring of VII 407000 398812 Completed
Mathew Thottakath road
at Kothad
Works of drain, concrete VIII 425000 423302 Completed
WP(C). Nos. 1760 of 2013
foot path and cover slab
of 4 cent colony road at
Moolamppilly
Works of foot path, drain X 210000 206522 Completed
and cover slab of M. A.
Antony road at Pizhala
Works of foot path, drain X 129000 125935 Completed
and cover slab of
Mallikamughal road at
Pizhala
Construction of footpath X 78000 76706 Completed
in Cheriuyakadamakudy
Pizhala main road
Works of concrete XI 411000 404428 Completed
footpath and concrete
slab at Paliyamthuruth
Revised AS issued based III 118000 0 Panchayath Bill not
on the request of the submitted.
panchayat for the
Construction of waiting
shed pizhala - chennor
kadavu instead of the
drain & chappath in
Pizhala kadavu road
Tarring of Korambadam VI 425000 415379 Completed
main road at Kothad
Works for Moolampilly IX 402000 399174 Completed
Mythri Road
Tarring and side XII 42000 286006 Completed
protection of
Kadamakudy Main road
Total 4990000 4664773 Completed
7. Although the concern raised by the islanders with respect to the
inadequate medical facilities is genuine, for the time being, constructing a
hospital in Kadamakudy panchayat will invite severe financial crunch since
the fund available with GIDA is earmarked for various projects including
the above mentioned projects. At present GIDA is in shortage of
approximately Rs.59.86 crores for the projects already approved by the
General Council of GIDA. Diversion of funds to any new projects will
adversely affect the progress of the approved projects. After spending an
amount of Rs.48 lakhs, GIDA constructed a Primary Health Center at
Pizhala and the same is functioning now. Out of the current total project
WP(C). Nos. 1760 of 2013
amount sanctioned for GIDA area, more than 50% of the amount has been
sanctioned for the projects in Kadamakudy Grama Panchayat. The balance
amount available with GIDA has to be utilized for the projects in the
remaining seven panchayats and a part of the corporation area under the
jurisdiction of GIDA."
5. Going through the said report, we are satisfied that,
substantially, the reliefs sought for in the writ petitions have been
materialized, many projects are completed in all respects, many are
going on, basic infrastructure and other facilities are already provided
substantially, money for conducting the works are pumped in by
GIDA,and to point out significantly, we are informed that the Pizhala
Bridge is opened for the public during the pendency of the writ
petitions, and therefore it is clear that, though directions sought for in
the writ petitions are not completed in its entirety, they are
substantially complied with .
6. Mr. S. Subhash Chand, learned counsel appearing for the
Kerala State Legal Services Authority, and Adv. Sherry J. Thomas
submitted that, still, issues relating to the widening of the road, land
acquisition, other inevitable amenities etc. are remaining
undischarged, in order to facilitate smooth traffic, for dealing with
WP(C). Nos. 1760 of 2013
emergent situations, and other aspects to avoid the apprehensions of
the islanders.
7. However It was pointed out by the respective counsel for the
corporations that substantial steps have been taken by the GIDA /
State Government for the acquisition of the land and the learned
counsel for the GIDA submitted that, as soon as the land acquisition is
complete, effective steps will be taken to complete the widening of the
road, other constructions, and other requirements for ensuring the
redressal of the grievances of the islanders and thus to protect their
basic and human rights extended under part 111 of the Constitution of
India. We are also of the opinion that the State has a duty and
obligation to ensure that the fundamental rights guaranteed under the
Constitution of India are extended to the inhabitants of the islands,
apart from discharging the duties and obligations contained under Part
1V and Part 1V A of the Constitution .
8. In that view of the matter and taking into account the status
report submitted by the GIDA, the writ petitions can be disposed of
recording that, substantially, the issues raised by the petitioners are
complied with by GIDA / State Government and other agencies .
WP(C). Nos. 1760 of 2013
Therefore, we direct the GIDA / State Government, Kerala
Water Authority , respective Local Bodies and all other stakeholders,
to expedite the completion of land acquisition proceedings, and
complete the work of the widening of the road, construction of the
bridges and other allied works, for facilitating smooth and efficient
traffic, within the island areas in question, and to carry out all other
works required for securing the basic amenities of the Islanders in a
war footing and expeditiously as possible . The State Government and
the respective agencies are also directed to find sufficient resources
for meeting the expenses and the funds required to complete the
projects .
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
WP(C). Nos. 1760 of 2013
APPENDIX OF WP(C) 1760/2013
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GEOGRAPHICAL MAP
INDICATING THE TOPOGRAPHY OF RESPONDENT
NO. 10 GRAMA PANCHAYAT.
EXHIBIT P2 TRUE COPY OF THE LIST OF 38 APPLICANTS
WHOSE APPLICATIONS FOR BUILDING PERMITS
ALLEGING VIIOLATIONOF COASTAL REGULATION
ZONE NOTIFICATION 2011.
EXHIBIT P3 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
HINDU DAILY DATED 30/05/2012.
EXHIBIT P4 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
MATHRUBHOOMI DAILY NAGARAM SUPPLEMENTARY
DATED 30/05/2012
EXHIBIT P4(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY
NAGARAM SUPPLEMENTARY DATED 30/05/2012.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
31/12/2012 BEFORE RESPONDENTS 1 TO 12.
WP(C). Nos. 1760 of 2013
APPENDIX OF WP(C) 12277/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE QUERY DATED
18.6.2009
EXHIBIT P1(A) THE TRUE COPY OF THE REPLY DATED 17.7.09
EXHIBIT P2 TRUE COPY OF THE NEWS PAPER REPORTS
EXHIBIT P3 THE TRUE COPY OF THE QUERY DATED 26.6.14
EXHIBIT P3(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT
P3
EXHIBIT P4 THE TRUE COPY OF THE REPLY DATED
17.9.2014
EXHIBIT P4(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT
P4
EXHIBIT P5 THE TRUE COPY OF THE AGREEMENT DATED
10.11.2014
EXHIBIT P5(A) TRUE COPY OF THE TENDERING SYSTEM WITH
AOC DETAILS
EXHIBIT P6 TRUE COPY OF THE SOME OF THE CONSENT
LETTERS
EXHIBIT P6(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT
P6
EXHIBIT P7 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT
DATED 1.12.2016
EXHIBIT P8 THE TRUE COPY OF THE REQUEST DATED
27.2.18 SUBMITTED BEFORE THE 3RD
RESPONDENT
EXHIBIT P8(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT
P8
EXHIBIT P9 TRUE COPY OF THE RECEIPT OF EXHIBIT P8
EXHIBIT P9(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT
P9
EXHIBIT P10 THE TRUE COPY OF THE DECISION OF THE
PANCHAYATH DATED 1.3.2018
EXHIBIT P10(A) THE TRUE COPY OF THE TRANSLATION OF
EXHIBIT P10
