Kerala High Court
Clint Paul vs Kerala Water Authority on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 30593 OF 2023
PETITIONERS:
1 CLINT PAUL,AGED 32 YEARS
S/O PAUL VARKEY, PALLIPARAMBIL HOUSE,
VARIKOLIKARA, PUTHENCRUZ VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT 682308
2 PAUL P VARKEY,AGED 64 YEARS
S/O VARKEY, PALLIPRAMBIL HOUSE, VARIKOLIKARA,
PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT,- 682308
3 BEENA PAUL,AGED 61 YEARS
W/O PAUL P VARKEY, PALLIPARAMBIL HOUSE,
VARIKOLIKARA, PUTHNECRUZ VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT - 682308
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
JAVED HAIDER
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
RESPONDENTS:
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM- 695033
REP BY MANAGING DIRECTOR
2 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, P.H SUB DIVISION,
THOTTUNKALPEEDIKA, MUVATTUPUZHA P.O,
ERNAKULAM- 686661
3 STATE OF KERALA,
REP. BY ITS PRINCIPAL SECRETARY,
WP(C) No.30593 of 2023 2
WATER RESOURCES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001
4 DISTRICT COLLECTOR,
ERNAKULAM CIVIL STATION, KAKKANAD P.O,
ERNAKULAM - 682030
5 THIRUMARADY GRAMA PANCHAYAT ,
REPRESENTED BY ITS SECRETARY,
VELLIYAZHATH, THIRUMARADY P.O,
ERNAKULAM DISTRICT - 686662
6 SECRETARY,
THIRUMARADY GRAMA PANCHAYAT VELLIYAZHATH,
THIRUMARADY P.O, ERNAKULAM DISTRICT - 686662
ADDL.R7 AJI ABRAHAM
S/O ABRAHAM, AGED 42 YEARS, RESIDING AT
MANJAKKADAMBIL, VETTIMOODU ,KAKKOOR P.O.,
ERNAKULAM DISTRICT., PIN 686662.
[ADDL. R7 IS IMPLEADED AS PER ORDER DATED 18.01.2024
IN I.A. 1/2023 IN WP(C) 30593/2023]
BY ADVS.
GEORGIE JOHNY
GIGIMON ISSAC
DAISY A.PHILIPOSE
JAI GEORGE
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.30593 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.30593 of 2023
.................................................................
Dated this the 29th day of February, 2024
JUDGMENT
Petitioners have approached this court seeking a direction to the
respondents to proceed with the acquisition of the property of the
petitioners in compliance with Article 300A of the Constitution of India
particularly in compliance with the mandatory requirement as per law
applicable for acquisition of land.
2. Petitioners contend that a portion of their property having a total
extent of approximately 10 acres in survey nos.458/1-2, 458/2A-2, 458/2B,
465/1-1-2 and 80/11 of Puthekurishu Village has been proposed to be
acquired by the respondents. It is contended that the 1 st respondent has
envisaged a project by the name "Jal Jeevan Mission" within the limits of
the 5th respondent Thirumarady Grama Panchayat for providing household
water supply. This court by Ext.P2 judgment directed that the Panchayat
shall take steps to acquire property for the purpose of the project for which
requisition should be submitted before the 4th respondent, District
Collector. Petitioners submit that they have no intimation regarding the
acquisition of any property for the said purpose but was issued with
Ext.P3 notice for fixation of the purchase price for the implementation of
the project. Thereafter by Ext.P3(a) notice another meeting was convened
in this regard. The 1st petitioner submitted Ext.P3(b) objection intimating
that no reply could be given without knowing the exact identity of the
property. The essential grievance raised by the petitioners is that the
property will be taken over without following the provisions of the
RFCTLARR Act, 2013 and the move of the authorities is to implement the
project in the property of the petitioners and a pipeline will be drawn
through the passage of the property rendering the property useless for
any other purposes. It is in the said circumstance that the petitioners have
approached this court.
3. A detailed counter affidavit has been filed by the 4 th respondent
District Collector wherein it is stated that pursuant to the direction issued
by this Court in Ext.P2 judgment, the 5th respondent made a request
before the 4th respondent to initiate steps for land acquisition. The Water
Authority informed that a plot at Mandalamala is suitable for the project.
The value fixed by the DLPC was not acceptable to the landowner. In view
of the same, the Purchase Committee decided to invoke the provisions of
the RFCTLARR Act, 2013 to acquire the property and directed the local
authority to submit a requisition in this regard. It is further stated that since
the land owner did not agree to the proposed DLPC rate, the local
authority was requested to give requisition, administrative sanction,
alignment sketch and sanction order from the Revenue Department as
stipulated in the provisions of the RFCTLARR Act, 2013 so as to proceed
with land acquisition after conducting SIA study and after publishing
various notifications as envisaged in the RFCTLARR Act, 2013.
4. An affidavit has been filed by respondents 1 and 2 wherein it is
stated that the decision to locate the overhead storage reservoir on the
identified 15 cents of land in Mandalamala is after a thorough assessment,
considering factors such as height, topography and the safe bearing
capacity of the soil to ensure the successful and secure implementation of
the water storage facility. A statement has been filed by the respondent
Panchayat wherein it is stated that since the petitioners demanded an
exorbitant amount towards land value, the 4th respondent District
Collector has decided to proceed with acquisition proceedings. It is further
stated that 45.57 Crores was allotted for the implementation of the water
supply scheme and if the project is not completed before August 2024, the
fund will be lapsed.
5. Additional 7th respondent was impleaded and submitted that if the
water supply scheme is not implemented at the earliest, the people of the
panchayat will face acute water scarcity for almost 8 months in a year.
6. On an assertion made by the petitioners that there is an alternative
suitable location other than the proposed one where the tank could be
located, an order was passed by this Court on 18.01.2024 directing the 2 nd
respondent to conduct a site inspection with notice to the petitioners and
the party respondents and to file a report. The 2 nd respondent after
conducting an inspection has submitted Annexure A1 report and sketch
informing that the land proposed by the petitioners is not suitable/feasible
for the construction of the water tank and the already proposed site is
more suitable.
7. Heard the learned counsel for the petitioners and the respective
counsel appearing for the respondents.
8. Essentially writ petition was filed seeking a direction to the
respondents to proceed with the acquisition of the property as per the
provisions of the RFCTLARR Act, 2013 and after conducting a social
impact assessment, environment impact assessment, etc. as provided in
the RFCTLARR Act, 2013. The counter affidavit filed by the 4 th
respondent categorically stated that since the land owner did not agree
with the proposed DLPC rate, proceedings for the acquisition of land is
being initiated as stipulated in RFCTLARR Act, 2013 after conducting the
SIA study and after publishing various notifications as envisaged in the
RFCTLARR Act, 2013. In view of the stand taken by the 4 th respondent,
the apprehensions raised by the petitioner are unfounded and petitioners
could submit their objection, etc. at the relevant stages of the acquisition
proceedings.
In view of the same, leaving open the right of the petitioners to raise
their objections/claim as provided in the RFCTLARR Act, 2013, the writ
petition is disposed of with a direction to the respondents to expedite the
process of acquisition and to implement the project without delay.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 30593/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT
NO.KL070301928 /2023 DATED 18.04.2023 OF
THIRUMARADY VILLAGE IN RELATION TO THESE
PROPERTIES IN FAVOUR OF 1STPETITIONER
Exhibit P1(a) TRUE COPY OF THE PROPERTY TAX RECEIPT
NO.KL07050702589/2023 DATED 18.04.2023 OF
AIKKARANADU SOUTH VILLAGE IN RELATION TO
THESE PROPERTIES IN FAVOUR OF 2ND
PETITIONER
Exhibit P1(b) TRUE COPY OF THE PROPERTY TAX RECEIPT
NO.KL070301930/2023 DATED 18.04.2023 OF
THIRUMARADY VILLAGE
Exhibit P2 TRUE COPY OF THE JUDGMENT AND COPY OF
JUDGMENT IN W.P.C.NO.27865 OF 2022 DATED
23.03.2023
Exhibit P3 TRUE COPY OF THE NOTICE NO.C.6733/2023
DATED 02.09.2023 ISSUED BY THE DEPUTY
COLLECTOR (LA), ERNAKULAM
Exhibit P3(a) TRUE COPY OF NOTICE NO.C8-6733/2023 DATED
13.09.2023 FROM THE DEPUTY COLLECTOR (LA),
ERNAKULAM
Exhibit P3(b) TRUE COPY OF THE OBJECTION DATED 15.09.2023
SUBMITTED BY THE 1ST PETITIONER
Exhibit P3(c) TRUE COPY OF THE RECEIPT ISSUED FROM THE
4TH RESPONDENT IN PURSUANT TO EXHIBIT P3(B)
OBJECTION DATED 15.09.2023
Exhibit P4 TRUE COPY OF THE ROUGH SKETCH SHOWING THE
ENTIRE PROPERTY AND THE PASSAGE TO THE SAID
PROPERTY
Exhibit P5 TRUE COPY OF THE SKETCH HANDED OVER BY THE
PETITIONER TO THE 2ND RESPONDENT ON THE
SAME DAY MARKING THE PROPOSED AREA
RESPONDENT EXHIBITS
EXHIBIT R5(a) True copy of the Judgement in W.A No.
1154/2023 dated 21.06.2023 of this
Honourable Court
EXHIBIT R5(b) The minutes report regarding the proposal
for acquisition of property taken on
26.09.2023
RESPONDENT EXHIBITS
Exhibit R7(a) A TRUE COPY OF THE JUDGMENT IN W.A.NO.1154
OF 2023 DATED 21/6/2023.
RESPONDENT EXHIBITS
EXHIBIT R4 (a): A true copy of the minutes of the meeting
held on 17/05/2023
EXHIBIT R4 (b): A true copy of the G.O.(MS) No. 32/2023WRD
dated 01.06.2023
EXHIBIT R4 (c): A true copy of the letter given to the
Secretary, Thirumarady Grama Panchayath
dated 18.10.2023
RESPONDENT ANNEXURES
Annexure A1 Report of the Assistant Executive Engineer
