Kerala High Court
Ayana Charitable Trust (Formerly Known ... vs State Of Kerala, Represented By Its ... on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 13775 OF 2024
PETITIONERS:
1 AYANA CHARITABLE TRUST (FORMERLY KNOWN AS GOSPEL FOR
ASIA) AGED 67 YEARS MANJADI P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, KERALA STATE, REPRESENTED BY
SMT. SINY PUNNOOSE, MANAGING TRUSTEE AND CHIEF
FUNCTIONARY OF THE TRUST THROUGH HER POWER OF ATTORNEY
HOLDER AND GENERAL ADMINISTRATOR OF THE TRUST, MR.
JACOB POTHEN, S/O. LATE T.K. POTHEN, THERADIYIL
HOUSE, NIRANAM WEST MURI, NIRANAM VILLAGE, THIRUVALLA
TALUK. PATHANAMTHITTA DISTRICT, KERALA, PIN - 689103
2 DR. SINY PUNNOOSE AGED 57 YEARS MANAGING TRUSTEE OF
AYANA CHARITABLE TRUST, KADAPPILARIL HOUSE,
KIZHAKKENMUTHOOR MURI, KUTTAPPUZHA P.O, THIRUVALLA
TALUK, PATHANAMTHITTA DISTRICT REPRESENTED BY HER
POWER OF ATTORNEY HOLDER MR. JACOB POTHEN, AGED 67,
S/O. LATE T.K. POTHEN, THERADIYIL HOUSE, NIRANAM WEST
MURI, NIRANAM VILLAGE, THIRUVALLA TALUK, PIN - 689103
BY ADVS. RISHIKESH HARIDAS SHIJIMOL M.MATHEW
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR KOTTAYAM DISTRICT, COLLECTORATE,
KOTTAYAM., PIN - 686001
3 CENTRE FOR MANAGEMENT DEVELOPMENT (CMD), REPRESENTED
BY ITS MEMBER SECRETARY & DIRECTOR, CENTRE FOR
MANAGEMENT DEVELOPMENT, THYCAUD, THIRUVANANTHAPURAM,
PIN - 695001
4 THE DEPUTY COLLECTOR (LA) KOTTAYAM, ADMINISTRATOR,
PROPOSED ACQUISITION OF SABARIMAL GREENFIELD AIRPORT,
COLLECTORATE, KOTTAYAM, PIN - 686001
5 SPECIAL TAHSILDHAR LA (GENERAL), KOTTAYAM,
COLLECTORATE, KOTTAYAM., PIN - 686001
6 BISHOP DR. SAMUEL MATHEW KAITHAPPATALIL HOUSE, 28
THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN - 689101
7 BISHOP DR. JURIA BARDHAN HOUSE NO. IV/267 TMC,
CHUMATRA MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689103
WP(C) Nos. 13775 & 13659 of 2024 :2:
8 BISHOP DR. SIMON JOHN CHITTAZHATH HOUSE, KUMBANAD,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103
9 REV. DR. DANIEL JOHNSON SUNBEAM, 11, NANTHANCODE
PLAMMOODU, PATTOM, KAWDIAR VILLAGE, KAWDIAR TALUK,
TRIVANDRUM, PIN - 695003
10 REV. FR. PRAISON JOHN PATTAPARAMBIL EBENEZER VILLA,
PALACOTTAL ROAD, KUTTAPUZHA P.O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689103
11 KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
LIMITED ( SOUGHT TO BE IMPLEADED ) REPRESENTED BY ITS
CHAIMAN., T.C.XI/266, KESTON ROAD, KOWDIAR, TRIVANDRUM
( SOUGHT TO BE IMPLEADED )
12 FRANCIS JOSEPH ( SOUGHT TO BE IMPLEADED ) S/O
CHERIYATH JOSEPH, RESIDING AT POOVARANI, MEENACHIL,
KOTTAYAM DISTRICT ( SOUGHT TO BE IMPLEADED )
BY ADVS. ADVOCATE GENERAL OFFICE KERALA
S.CHANDRASEKHARAN NAIR SABU GEORGE
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
P.U.SHAILAJAN P.B.SUBRAMANYAN MANU VYASAN PETER
P.B.KRISHNAN (SR.)
G.P. - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH WP(C).13659/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 13775 & 13659 of 2024 :3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 13659 OF 2024
PETITIONERS:
1 JOSHY JOSEPH AGED 51 YEARS S/O JOSEPH GASPAR,
PERUMBETTIKUNNEL HOUSE, KARIKKATTOOR CENTRE, KARIKKATTOOR
CENTRE P O, KOTTAYAM DISTRICT, PIN - 686544
2 JAMES SEBASTIAN AGED 81 YEARS S/O SEBASTIAN, PULPEL HOUSE,
ERUMELY P O, KOTTAYAM DISTRICT, PIN - 686509
3 MATHEW AGED 79 YEARS S/O SIMON, CHENGOTTAYIL HOUSE,
KANAKAPPALAM P O., ERUMELY, KOTTAYAM DISTRICT, PIN -
686509
BY ADV PRAKASH M.P.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN,
JOR BHAG, NEW DELHI, PIN - 110003
2 SECRETARY TO GOVERNMENT OF INDIA CIVIL AVIATION
DEPARTMENT, NEW DELHI, PIN - 110001
3 THE RAILWAY BOARD REPRESENTED BY IT'S CHAIRMAN, RAIL
BHAVAN, 256 A, RAISINA ROAD, RAJPATH AREA, CENTRAL
SECRETARIAT, NEW DELHI, PIN - 110001
4 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM, PIN - 686001
6 SPECIAL TAHASILDAR LAND ACQUISITION, (GENERAL), KOTTAYAM,
PIN - 686001
7 DEPUTY COLLECTOR LAND ACQUISITION, KOTTAYAM, PIN - 686001
8 CENTRE FOR MANAGEMENT DEVELOPMENT REPRESENTED BY ITS
DIRECTOR & MEMBER SECRETARY, THYCAUD, THIRUVANANTHAPURAM,
PIN - 695014
BY ADVS. KRISHNA T C ADVOCATE GENERAL OFFICE KERALA Ravi
krishnan SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
G.P. - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH WP(C).13775/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 13775 & 13659 of 2024 :4:
VIJU ABRAHAM , J.
===========================
WP(C) Nos. 13775 & 13659 of 2024
============================
Dated this the 20th day of June, 2024
JUDGMENT
When the matter was taken up for consideration, the learned
Advocate General upon instructions submitted that Government
propose to withdraw the notifications issued under Section 11(1) of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as 'the Act, 2013'), which is produced as Ext.P1 in WP(C)
No.13659 of 2024 and as Ext.P43 in WP(C) No.13775 of 2024. It is
also submitted by the learned Advocate General that the
Government has taken a decision to conduct a fresh SIA study
through a different agency, and therefore fresh notifications will be
issued under Section 4(1) of the Act 2013, in place of Ext.P34
produced in WP(C) No.13775 of 2024.
Recording the above submission, these writ petitions are closed
leaving open all other contentions on both sides.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 13659/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE GAZETTE NOTIFICATION G.O(P) NO.
95/2024/RD DATED 13.03.2024
Exhibit P2 COPY OF THE SOCIAL IMPACT ASSESSMENT REPORT ON LAND
ACQUISITION FOR THE CONSTRUCTION OF SABARIMALA
GREENFIELD AIRPORT
Exhibit P3 COPY OF THE SITE CLEARANCE CERTIFICATE DATED
13.04.2023 OF THE GOVERNMENT OF INDIA
Exhibit P4 COPY OF THE RELEVANT PAGES OF THE RECOMMENDATIONS
OF THE EXPERT COMMITTEE APPRAISAL REPORT ON SIA
REPORT ON LAND ACQUISITION OF SABARIMALA GREENFIELD
AIRPORT
Exhibit P5 COPY OF THE JUDGMENT DATED 14.02.2022 IN W.A
NOS.169, 176, 179 & 186 OF 2022 OF THIS HON'BLE
COURT
APPENDIX OF WP(C) 13775/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO: 2329/2005 DATED
01.08.2005
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.08.2007
OF ERUMELI VILLAGE
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.08.2007
OF MANIMALA VILLAGE
Exhibit P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION AS
AMENDED DATED 01.08.1990
Exhibit P5 TRUE COPY OF THE ORDER DATED 18.10.2007 ISSUED BY
THE VILLAGE OFFICER, MANIMALA
Exhibit P6 TRUE COPY OF THE ORDER DATED 22.10.2007 ISSUED BY
THE VILLAGE OFFICER, MANIMALA
Exhibit P7 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN
WP(C).NO.32628/2007 DATED 10.04.2008
Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE KANJIRAPPALLY
TAHSILDHAR NO.B8-12633/2005 DATED 11.12.2008
Exhibit P9 TRUE COPY OF ORDER NO. 5679/2008 PASSED BY THE
REVENUE DIVISIONAL OFFICER, KOTTAYAM DATED
19.06.2009
Exhibit P10 TRUE COPY OF THE ORDER NO.E9-38186/09 OF THE
DISTRICT COLLECTOR DATED 05.02.2010
Exhibit P11 TRUE OF THE ORDER OF THE ADDITIONAL TAHSILDAR,
KANJIRAPPALLY NO.B8-12633/05 DATED 29.05.2010
Exhibit P12 TRUE COPY OF THE ORDER PASSED IN W.P.
(C).NO.18164/2010 DATED 11.6.2010 OF THIS
HONOURABLE COURT
Exhibit P13 TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C)NO.30850
OF 2007 DATED 30.06.2011 OF THIS HONOURABLE COURT
Exhibit P14 TRUE COPY OF THE COMMON JUDGMENT IN RP.NO.676/2011
IN WP(C) NO. 32628/2007 AND OTHER CONNECTED CASES
DATED 06.01.2012
Exhibit P15 TRUE COPY OF THE CIRCULAR NO. 2945/A1 /12/RD DATED
12.03.2012 ISSUED BY THE ADDITIONAL CHIEF SECRETARY
Exhibit P16 TRUE COPY OF STOP MEMO NO.B8-12633/05 DATED
19.03.2012 ISSUED BY THE ADDITIONAL TAHSILDHAR,
KANJIRAPPALLY TO THE 1ST PETIITONER AND HARISONS
MALAYALAM PLANTATION
Exhibit P17 TRUE COPY OF STOP MEMO NO.B8-12633/05 DATED
19.03.2012 ISSUED BY THE ADDITIONAL TAHSILDHAR, TO
THE 1ST PETITIONER KANJIRAPPALLY
Exhibit P18 TRUE COPY OF THE JUDGMENT IN WP (C) NO. 7379/2012
DATED 28.02.2013 OF THIS HONOURABLE COURT
Exhibit P19 TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY
THE HON'BLE MINISTER OF REVENUE DATED 06.03.2013
Exhibit P20 TRUE COPY OF THE COMMON JUDGMENT IN OP(C) NO.
2989/2011 AND CONNECTED CASE DATED 09.09.2013 OF
THIS HONOURABLE COURT
Exhibit P21 TRUE COPY OF THE ORDER IN CONT. OF COURT CASE (C)
NO. 579/2012 DATED 09.09.2013 OF THIS HONOURABLE
COURT
Exhibit P22 TRUE COPY OF THE NOTICE NO. GLR (LR)14/2013 DATED
16.03.2015 ISSUED BY THE SPECIAL OFFICER AND
COLLECTOR
Exhibit P23 TRUE COPY OF THE ORDER NO. GLR-(LR)-90/2014 OF THE
SPECIAL OFFICER AND COLLECTOR DATED 28.05.2015
Exhibit P24 TRUE COPY OF THE NOTICE NO. GLR-(LR)-90/2014 ISSUED
BY THE SPECIAL OFFICER AND COLLECTOR UNDER RULE 11
OF THE KERALA LAND CONSERVANCY RULE DATED
28.05.2015
Exhibit P25 TRUE COPY OF THE REPLY OF THE LEARNED LAW SECRETARY
DATED 04.04.2017 NO.21443/LEG.B2/2016/LAW. OBTAINED
BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT
Exhibit P26 TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE
COURT IN W.P©.NO. 33122/2014 AND CONNECTED CASES
DATED 11.4.2018 OF THIS HONORABLE COURT
Exhibit P27 TRUE COPY OF THE JUDGMENT OF THE HON'BLE APEX COURT
IN SPECIAL LEAVE PETITION SLP NO. 24028-24035/2018
DATED 17.09.2018
Exhibit P28 TRUE COPY OF THE PLAINT IN O.S.NO.72/2019 BEFORE
THE SUB COURT, PALA DATED 07.12.2019
Exhibit P29 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO.72/2020 BEFORE THE SUB COURT, PALA DATED
02.03.2020 FILED BY THE TRUST
Exhibit P30 TRUE COPY OF THE GOVERNMENT ORDER G.O (M.S)
NO.158/2020/RD DATED 18.06.2020 ISSUED BY THE
PRINCIPAL SECRETARY
Exhibit P31 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 13332/2020
OF THIS HON'BLE COURT DATED 16.10.2020
Exhibit P32 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 11515/2022
DATED 25.11.2022 OF THIS HON'BLE COURT
Exhibit P33 TRUE COPY OF THE NOTIFICATION NO.G.O.
(MS.)NO.312/2022/RD DATED 30.12.2022
Exhibit P34 TRUE COPY OF THE NOTIFICATION NO. S.R.O. 123/23
DATED 23.01.2023
Exhibit P35 TRUE COPY OF THE ORGANIZATION PROSPECTUS AND LIST
OF MEMBERS IN GOVERNING BODY OF 3RD RESPONDENT AS
DOWNLOADED FROM THE OFFICIAL WEBSITE OF 3RD
RESPONDENT DATED NIL
Exhibit P36 TRUE COPY OF THE OBJECTION / REPRESENTATION DATED
09.06.2023 SUBMITTED BY THE 1ST PETITIONER BEFORE
THE 2ND AND 3RD RESPONDENTS
Exhibit P37 TRUE COPY OF THE SOCIAL IMPACT ASSESSMENT OF LAND
ACQUISITION FOR THE CONSTRUCTION OF SABARIMALA
GREENFIELD AIRPORT REPORT DATED JUNE, 2023
Exhibit P38 TRUE COPY OF THE LAND TAX RECEIPT NO.21/2860 DATED
28.11.2023 ISSUED BY THE ERUMELY SOUTH VILLAGE
OFFICE
Exhibit P39 TRUE COPY OF THE LAND TAX RECEIPT NO.22/3676 DATED
28.11.2023 ISSUED BY THE ERUMELY SOUTH VILLAGE
OFFICE
Exhibit P40 TRUE COPY OF THE RELEVANT PAGES OF EXPERT GROUP
APPRAISAL REPORT U/S 7 OF THE LARR ACT, 2013 DATED
NIL
Exhibit P41 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(MS) NO.
283/2023 RD DATED 20.12.2023
Exhibit P42 TRUE COPY OF THE OFFICIAL ANNOUNCEMENT OF MINISTRY
OF CIVIL AVIATION IN THEIR SOCIAL MEDIA HANDLE
DATED 17.04.2023
Exhibit P43 TRUE COPY OF THE NOTIFICATION NO.S.R.O. 278/2024
UNDER SECTION 11(1) IF LARR ACT 2013 DATED
13.03.2024
Exhibit P44 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST
PETITIONER TO THE 4TH RESPONDENT TO EXT. P-44
NOTIFICATION DATED 26.03.2024
RESPONDENT EXHIBITS
Exhibit A TRUE COPY OF THE SALE DEED DATED 25.09.1980
R11(a)
Exhibit A TRUE COPY OF THE JUDGEMENT DATED 23.06.1980 IN
R11(b) A.S. NO.159 OF 1976 AND A.S. NO.179 OF 1979 ON THE
FILE OF DISTRICT JUDGE OF ERNAKULAM
Exhibit A TRUE COPY OF THE JUDGEMENT DATED 10.01.2018 IN
R11(c) M.S.A. NO.1 OF 1981 ON THE FILE OF THIS HON'BLE
COURT
