V. Babu Raj vs State Of Kerala
2021 Latest Caselaw 679 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.21273 OF 2020(H)


PETITIONERS:

      1        V. BABU RAJ, AGED 61 YEARS
               S/O.LATE VASU, SOUMYA BHAVAN, ROSEMALA P.O.,
               KULATHUPUZHA, KOLLAM-691309.

      2        P.R. UDHAYABHANU, AGED 50 YEARS
               S/O. LATE RAMAN, VAYALINKAL VEEDU, ROSEMALA P.O.,
               KULATHUPUZHA, KOLLAM-691309.

               BY ADV. SRI.B.MOHANLAL

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
               GOVERNMENT OF KERALA, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE PRINCIPAL SECRETARY TO GOVERNMENT,
               PLANNING AND ECONOMIC AFFAIRS, (RKI) DEPARTMENT,
               GOVERNMENT OF KERALA, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      3        THE PRINCIPAL SECRETARY TO GOVERNMENT,
               FOREST AND WILDLIFE DEPARTMENT,
               GOVERNMENT OF KERALA, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      4        THE CHIEF CONSERVATOR OF FORESTS,
               FOREST AND WILDLIFE DEPARTMENT,
               GOVERNMENT OF KERALA, VAZHUTHACAUD,
               THIRUVANANTHAPURAM-695014.

      5        THE CHIEF CONSERVATOR OF FOREST,
               FOREST AND WILDLIFE DEPARTMENT, SOUTHERN CIRCLE,
               CHINNAKKADA, KOLLAM-691001.

      6        THE DIVISIONAL FOREST OFFICER,
               PUNALUR, PUNALUR P.O., KOLLAM-691305.

      7        THE WILD LIFE WARDEN,
               SHENDURUNY WILDLIFE DIVISION, THENMALA P.O., KOLLAM-
                                     2

WP(C).No.21273 OF 2020(H)

               691308.

       8       THE DISTRICT COLLECTOR,
               COLLECTORATE, CUTCHERY P.O., KOLLAM-691013.

       9       THE TAHSILDAR,
               TALUK OFFICE, PUNALUR, PUNALUR P.O., KOLLAM-
               691305.

               R1-9 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER

               SRGP TO ADDL AG.SRI.M.R.SABU

     THIS WRIT PETITION        (CIVIL) HAVING    COME UP      FOR
ADMISSION ON 08.01.2021,        THE COURT ON    THE SAME      DAY
DELIVERED THE FOLLOWING:
                                            3

WP(C).No.21273 OF 2020(H)




                               JUDGMENT

Dated this the 8th day of January 2021

The petitioners who are residing in Rosemala

in the Shenduruny Wildlife in Kulathupuzha Grama

Panchayath in Kollam District, are included in the

rebuild Kerala Scheme, for relocation of private

settlement from forest. As per Ext.P1 order issued

on 14.11.2019, Government accorded administrative

sanction for relocation of people like petitioners.

It is stated that 344 eligible families in

Shenduruny Wildlife in Rosemala settlement, having

a total extent of 99.15 Hectors, were found

eligible for the benefit of the scheme under

Ext.P1. It is stated that Government have conducted

a feasibility study for the relocation. Stating

that further proceedings based on Ext P1 order are

not taken, petitioners have submitted

representations before the Government. This writ

WP(C).No.21273 OF 2020(H)

petition is filed seeking a direction to the

respondents to implement the rebuild Kerala Scheme

to the project proposals of Forest and Wildlife

Department to the petitioners and others in

Shenduruny Wildlife at the earliest possible point

of time.

2. The 7th respondent filed a counter

affidavit stating that, the respondents are taking

expeditious steps for implementation of the

project. It is stated that post-2018 floods, the

Government had to address the mitigation of floods

as well as to prepare for future disasters and in

order to facilitate this process, Rebuild Kerala

Initiative was established as per Government Order

dated 09.11.2018 to bring about a perceptible

change in the lives of its citizens by adopting

green infrastructure protocols for recovery and

reconstruction and to build ecological and

technical safeguards. It is stated that Government

approved the Rebuild Kerala Development Programme

WP(C).No.21273 OF 2020(H)

(RKDP) as per G O (P) No.19/2018/P&EA dated

23.05.2019.

3. Thereafter, as per Ext.R7(a) order issued

on 01.06.2020 Government accorded sanction for

allotment of Rs. 24.56 Crores to the DDO of the

Forest and Wild Life Department towards the first

installment of project cost for implementation of

various projects of Forest and Wild Life. It is

stated that, a three tier institutional mechanism

viz. State Level Empowered Committee, Project

Management Unit at Forest Headquarters and Regional

Committee at Circle/Division Level, has to be in

place for implementation of the projects under the

RKDP Programme. It is further stated that, certain

modifications were found necessary to Ext.R7(a)

order, based on which Ext.R7(c) order was issued on

30.09.2020.

4. In answer to the querry by this Court as

to the time within which the project can be

completed, the 7th respondent has filed an

WP(C).No.21273 OF 2020(H)

additional counter affidavit wherein, further steps

and the time required for completion of the same

for implementation of the scheme has been furnished

as follows:-

"Relocation of Settlement in Shendurney Wildlife Division

Sl. Steps to be taken Time Frame No.

1. Identification of settlement to be relocated Completed (Locations to be identified through field survey and mapped Division-wise)

2. Conduct field survey to detail the land Completed holdings and preliminary identification of the eligible families.

3. The Divisional Forest Officer (DFO)/Wildlife January 2021 Warden (WW) will open a Help Desk in the settlements proposed for voluntary relocation, wherein the willing families shall be facilitated to avail the package.

4. Dissemination of information about the January 2021 voluntary relocation scheme through various media so as to communicate to each of the potential participant.

5. Inviting applications from the willing February 2021 to participants along with willingness to avail April 2021 the relocation package and documents to prove the extent of land, title, ownership, tax receipts, residential status and eligibility etc. (Applications will be open for a period of 60 days, initially. Those applications which are defective shall be returned to the applicant within 3 days, explaining the reasons and suggesting the corrections, if any, required. The list of defective applications which are returned for rectification shall be submitted to the DFO/WW at the end of every week. A cut-off date will be decided for determining the eligible family size).

6. Preliminary scrutiny of the applications and May 2021 other documents by Range Forest Officer/Assistant Wildlife Warden and submission to DFO.

WP(C).No.21273 OF 2020(H)

Sl. Steps to be taken Time Frame No. 7. In case of all the applications accepted by June 2021 to DFO/WW after the preliminary scrutiny, the August 2021

extent of land, its title, number of eligible families, residential status etc. will be verified in the field by the RFO/AWW concerned and then presented to a Committee at the Division level chaired by the DFO/WW in which the RFO/AWW, Ward Member, the Secretary, Grama Panchayath and (Village Officer) Tahsildar (Land Records), District Registrar are members. The Committee will verify, confirm and certify the details

8. The RFO/AWW will then forward all those September 2021 applications found eligible, along with his report to the DFO/WW concerned, which after scrutiny at the Division level will be forwarded to the Regional Committee with his recommendations.

9. The Regional Committee will verify the October 2021 suitability of the land, eligibility of the owner(s), eligible amount etc. and those applications found acceptable will be forwarded to the Project Management Unit (PMU) at the Forest Headquarters. The defective/ineligible applications will be returned to the applicants within 15 days, along with the reasons, thereof.

10. The PMU shall scrutinize each proposal and November 2021 after satisfying about the suitability, eligibility and the size of the package will forward its recommendations to State Level Empowered Committee (SLEC) for final approval.

11. Once the application is approved by the November 2021 SLEC, it shall be forwarded to the DFO/WW through the PMU for taking the following steps:

12. Obtain an affidavit from the applicant that December 2021 the land under the instant case is under his/her ownership and possession and not under any hypothecation.

13. Obtain from the applicant a non-encumbrance December 2021 certificate for 10 years issued by the Registrar and a certificate from the Village Officer that no document required for hypothecation has been issued to the applicant in that survey number.

14. Each eligible family shall open a bank December 2021 account in the name of the head of the

WP(C).No.21273 OF 2020(H)

Sl. Steps to be taken Time Frame No.

family to which the amount has to be transferred. (In case of married persons, it will be a joint account in the name of both the spouses).

15. After confirming the steps above, the DFO/WW December 2021 will secure an agreement from the applicant in stamp paper worth Rs.200/- accepting the package and giving consent to transfer the land, along with all improvements, to the Kerala Forest Department.

16. The DFO/WW will forward to the Regional January 2022 Committee the request for the release of first installment of 50% to each of the eligible families

17. The Regional Committee will scrutinize the January 2022 to documents and then recommend to PMU for the February 2022 release of payment. Once the PMU scrutinizes and confirms the eligibility of the package, the recommendation will be forwarded to the project funding agency for releasing the first installment i.e., 50% of the eligible amount, to the account of the applicants. Simultaneously, the DFO/WW will take adequate steps to get the land locked/blocked from further transactions before the amount is credited to the account.

On receipt of the 1st installment, the applicant will start shifting the livestock, households and other belongings and this will be completed within the time-limit accepted in the agreement.

18 The applicants who have complied with the March 2022 agreed conditions for timely shifting can then apply for the 2nd and final installment.

19. The RFO/AWW shall draw up a Mahazar March 2022 confirming the removal of belongings and finally vacating the property and report the same to the DFO/WW.

20. Simultaneously, the applicant has to March 2022 transfer the land to the DFO/WW representing Government of Kerala by registering the documents.

21. On receipt of this application for the 2nd April 2022 installment, the RFO/AWW will confirm the compliance of all the requirements and recommend to the DFO/WW for the payment of the final installment.

  22. On receipt of the recommendation from the           April 2022


WP(C).No.21273 OF 2020(H)


  Sl.                 Steps to be taken                     Time Frame
  No.

RFO/AWW, within 7 days, the DFO/WW will recommend to Regional Committee for the release of the final installment to the applicant.

23. Obtain a certificate from the Ward Members April 2022 and the Village Officer on the number of "eligible families". If this is not feasible, an affidavit from the family head showing his satisfaction about number of eligible family would suffice.

24. Based on the recommendations of the DFO/WW, April 2022 the Regional Committee will process the release of the final installment and request the PMU

25. Based on the recommendations of the Regional April 2022 Committee, the PMU will process and recommend the payment of the final installment, to the project funding agency. The applicant can continue to collect agricultural produce from his land, till the final installment is paid.

5. The learned counsel for the petitioners

points out that, the time schedule given by the 5th

respondent in the additional counter affidavit is

far in excess of what is actually required,

pointing out that the respondents have already

identified the eligible families and the funds as

well as the land required for the relocation are

also with them.

6. Sri.M.R.Sabu, learned senior Government

Pleader, pointed out that, the project is proposed

WP(C).No.21273 OF 2020(H)

to be completed within a period of seven years and

the time schedule is given taking into account all

the requirements.

Therefore, this writ petition is disposed of

recording the time schedule provided in the

additional counter affidavit filed by the 7th

respondent, for completion of the project. At any

rate, respondents shall see that, expeditious steps

are taken for implementing the project and to

relocate persons like petitioners at the earliest

point of time, if possible, ahead of the time

specified in the table.

Sd/-

P.V.ASHA JUDGE hmh

WP(C).No.21273 OF 2020(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  THE TRUE COPY OF G.O.
                            (RT)NO.483/2018/P&E DATED
                            14/11/2019 ISSUED BY THE
                            GOVERNMENT.

EXHIBIT P2                  THE TRUE COPY OF THE APPLICATION

DATED 27/01/202O SUBMITTED BY THE PETITIONERS ALONG WITH 155 PEOPLES RESIDING IN ROSEMALA BEFORE THE CHIEF MINISTER OF KERALA.

EXHIBIT P3 THE TRUE COPY OF THE REPLY NO:S.D.III-2099/2019 DATED 30/07/2020 ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION NO:B.1-4408/20 DATED 21/08/2020 ISSUED BY THE 9TH RESPONDENT TO THE PETITIONERS.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R7(a) THE TRUE COPY OF THE GOVERNMENT ORDER BEARING N.G O (Rt) 237/2020/ P&EA DATED 01.06.2020

EXHIBIT R7(b) THE TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(Rt)No.85/2020/F&WLD dated 27.04.2020

EXHIBIT R7(c) THE TRUE COPY OF THE GOVERNMENT ORDER BEARIG NO.GO (Rt) NO.225/2020/ F&WLD DATED 30.09.2020

EXHIBIT R7(D) THE TRUE COPY OF THE GOVERNMENT ORDER BEARIG NO.GO (Rt) NO.1184/2020/RD DATED 20.03.2020