Indus Towers Limited vs Union Of India
2021 Latest Caselaw 22684 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                      WP(C) NO. 24662 OF 2021
PETITIONER:

            INDUS TOWERS LIMITED
            CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH 47,
            PLARIVATTOM, COCHIN - 24 REP. BY ITS AUTHORIZED
            OFFICER HEAD LEGAL, RAJKUMAR PAVOTHIL, AGED 42
            YEARS, S/O.P.NARENDRAN, RESIDING AT MIDHILA,
            THAMARAMULANGARA, TRIPUNITHURA P.O.

             BY ADVS.
             P.SATHISAN
             DONA AUGUSTINE



RESPONDENTS:

       1     UNION OF INDIA
             REP. BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT &
             HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI P.O., PIN -
             110 001.

       2     DISTRICT COLLECTOR
             KASARAGOD COLLECTORATE, CIVIL STATION, VIDYANAGAR,
             KASARAGOD P.O., PIN - 671 123.

       3     PROJECT DIRECTOR
             PROJECT IMPLEMENTATION UNIT-KOZHIKODE,
             NATIONAL HIGHWAYS AUTHORITY OF INDIA, HOUSE
             NO.2/2175-B, KRISHNAKRIPA, AISWARYA ROAD, CIVIL
             STATION P.O., KOZHIKODE, KERALA - 673 020.

       4     DEPUTY COLLECTOR (LA) NH & COMPETENT AUTHORITY
             (CALA), KASARAGODE, CIVIL STATION, VIDYANAGAR,
             KASARAGOD P.O., PIN - 671 123.

             SMT. SURYA BINOY- SR. G.P
             SMT.SHEELA DEVI I., SC - NHAI


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    19.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 24662 OF 2021              2

                           JUDGMENT

The petitioner is stated to be a Telecom

Infrastructure provider and they have approached

this Court seeking several reliefs, including for

rehabilitation under the provisions of Right to

Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013 ('Fair Compensation Act' for short); and also

for time to shift their Telecom Tower and

ancillary machinery from the property, which has

now been acquired under the provisions of the

afore Act.

2. Smt.Sheela Devi I., learned Standing

Counsel for the National Highways Authority of

India (NHAI), submitted that the claim of the

petitioner for compensation is untenable; and

that they can, at the best, only be given two

months time to shift the Telecom Tower, going by

the provisions of the National Highways Act ('NH

Act' for short).

3. Smt.Dona Augustine, learned counsel for

the petitioner, submitted that her client would

require at least three months time to shift the

tower and the ancillary machineries because they

are very voluminous and large; and further

prayed that this Court may allow her client's

contentions for compensation and rehabilitation

to be pursued appropriately at a later stage.

She submitted that she is making this submission

because, without this Court's intervention, the

NHAI will demolish the Telecom structure,

leading to irreparable damage to her client.

Taking note of the afore submissions and

leaving open all contentions raised by the

petitioner with respect to rehabilitation and

compensation under the "Fair Compensation Act",

I allow this writ petition, to the limited

extent of allowing time to the petitioner to

remove the Telecom Tower and the ancillary

machinery till 31.01.2022.

I make it clear that the afore time frame

has been fixed peremptorily and that no

extensions will be granted in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/19.11

APPENDIX OF WP(C) 24662/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF REGISTRATION CERTIFICATE OF THE PETITIONER COMPANY.

Exhibit P1A TRUE COPY OF THE RELEVANT EXTRACT OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY.

Exhibit P2 TRUE COPY OF THE POWER OF ATTORNEY DATED 01/04/2019.

Exhibit P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE OF THE SITE OF KASARAGOD MUNICIPALITY DATED 27/10/2009.

Exhibit P4 TRUE COPY OF THE ORDER NO.DOT/KRL/6-

14/DM-CORR/2019-20 DATED 24/03/2020.

Exhibit P5 TRUE COPY OF THE NOTICE NO.A21 AC NO.93/ADATHBAIL VILLAGE DATED 17/04/2021 ALONG WITH ITS TYPED COPY.

Exhibit P6 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 18/10/2021.

Exhibit P7 TRUE COPY OF THE ORDER DATED 28/08/2015 ISSUED BY MINISTRY OF RURAL DEVELOPMENT AUTHORITY.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.14632 OF 2021 DATED 26/08/2021.