Beefathumma vs Union Territory Of Lakshadweep
2021 Latest Caselaw 18996 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       WP(C) NO. 5085 OF 2018
PETITIONER:

          BEEFATHUMMA,
          D/O. LATE SAINUL ABID, PUTHIYATHAKAL, DARUL BARKAT,
          KILTAN ISLAN, UNION TERRITORY OF LAKSHADWEEP.

          BY ADVS.
          SRI.A.A.ZIYAD RAHMAN
          SRI.LAL K.JOSEPH


RESPONDENTS:
     1     UNION TERRITORY OF LAKSHADWEEP
           REPRESENTED BY ITS ADMINISTRATOR, KAVARATTI,
           LAKSHADWEEP, PIN - 682 555.

    2     THE DISTRICT COLLECTOR
          UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, LAKSHADWEEP,
          PIN - 682 555.

    3     THE SUPERINTENDING ENGINEER
          LAKSHADWEEP PUBLIC WORKS DEPARTMENT (LPWD), KAVARATTI,
          LAKSHADWEEP, PIN - 682 555.

    4     THE EXECUTIVE ENGINEER
          LAKSHADWEEP PUBLIC WORKS DEPARTMENT (LPWD), AMINI
          DIVISION, AMINI, UNION TERRITORY OF LAKSHADWEEP, 682
          555.

    5     THE ASSISTANT ENGINEER
          LAKSHADWEEP PUBLIC WORKS DEPARTMENT (LPWD), SUB
          DIVISION, KILTAN, KILTAN ISLAND, UNION TERRITORY OF
          LAKSHADWEEP, 682 555.

          BY ADV SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION
          TERRITORY OF LAKSHADWEEP-682 555.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5085 OF 2018
                                     2



                               JUDGMENT

The petitioner has approached this Court seeking a direction

to the respondents to initiate necessary proceedings for

acquisition of her property, comprised of in Survey Nos.160/10

and 76/12 of Kiltan Island at Lakshadweep; and to determine the

compensation eligible to her, as per the procedure contemplated in

the Right to Fair Compensation And Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013(hereinafter referred to as the 'Act' for short).

2. The petitioner says that even though no proceedings

for acquisition had been initiated, her property had been taken

possession by the respondents for a public purpose and that the

delay in initiating and concluding acquisition proceedings with

respect to it is illegal, unlawful and unconstitutional. She,

therefore, prays that necessary directions be issued to the

competent respondents to complete the acquisition proceedings

and to pay her eligible compensation, within a time frame to be WP(C) NO. 5085 OF 2018

fixed by this Court.

3. The afore submissions of the petitioner were answered

by the learned Standing Counsel for Lakshadweep - Sri.S.Manu,

relying upon a statement filed on behalf of respondents 1 to 5,

conceding that there has been delay in the acquisition proceedings

and payment of compensation. He then added that the

Administrator of Lakshadweep had, in principle, granted approval

for acquisition, vide diary No.2187, dated 26.10.2018; and that the

proceedings with respect to the acquisition and payment of

compensation to the petitioner, as per the provisions of the Act,

will be completed without any avoidable delay.

4. I notice that the statement afore referred to by

Sri.S.Manu was filed before this Court as early as in November,

2018. It has been nearly three years after the same, but further

developments on it have not been brought to the notice of this

Court until now.

I am, therefore, of the firm view that the formal acquisition

of the petitioner's property and payment of compensation WP(C) NO. 5085 OF 2018

thereon, as per the provisions of the Act, is required to be

completed without any further avoidable delay.

Resultantly, I order this writ petition and direct the

respondents to ensure that necessary acquisition proceedings with

respect to the petitioner's property is initiated, if not already done,

and completed, as expeditiously as is possible, but not later than

six months from the date of receipt of a copy of this judgment; and

consequently order that computation and payment of eligible

compensation to the petitioner with respect to the same is done

and effected not later than three months thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/10/09/2021 WP(C) NO. 5085 OF 2018

APPENDIX OF WP(C) 5085/2018

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 18.02.2013 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 28.11.2013.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION BEARING F.NO.106/10/2011-S3 DATED 12.03.2014.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION BEARING F.NO.

3/4/AE(WS)/2012-13/124 DATED 18.03.2014.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10.02.2016.

EXHIBIT P6 TRUE COPY OF THE LAWYER NOTICE DATED 16.03.2017.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21.11.2018 IN W.P.(C) NO.22968/2018