Kerala High Court
Dasan Paul vs State Of Kerala And Others on 19 June, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO.16688 OF 2011
[I.A.NO.1/2020 AMENDMENT PETITION ALLOWED ON 03.11.2020]
PETITIONER:
DASAN PAUL
S/O.PETER PAUL, RESIDING AT SARANAYA, 8/643,
SHASTAPURI, AYYAPURAM, PALAKKAD - 678 001.
BY ADVS.
SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PALAKKAD - 678 001.
2 THE SPECIAL TAHSILDAR
OFFICE OF THE SPECIAL TAHSILDAR,, L.A.(GENERAL)
NO.1, PALAKKAD - 678 001.
3 THE VILLAGE OFFICER
PALAKKAD - 1 VILLAGE, PALAKKAD - 678 001.
*4 ADDL.R4- THE ROADS AND BRIDGES
DEVELOPMENT CORPORATION, KERALA, KOCHI,,
REPRESENTED BY ITS MANAGING DIRECTOR.,
*(ADDL.R4 IS IMPLEADED AS PER ORDER, DATED
26.09.2011 IN IA.15308/2011)
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W.P.(C) No.16688 of 2011
*5 ADDL.R5: THE DISTRICT COLLECTOR,
COLLECTORATE OFFICE, CIVIL STATION, PALAKKAD
DISTRICT - 678 001.
(ADDL.R5 IS IMPLEADED AS PER ORDER DATED
22.05.2025 IA NO.3/2025 IN WP(C) NO.16688/2011.)
BY ADVS.
SMT.RESMITHA.R.CHANDRAN, SC, ROADS AND BRIDGES
DEVELOPMENT CORPORATION OF KERALA LTD.
SMT.ANEY PAUL
ADV. TONY AUGUSTINE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.16688 of 2011
JUDGMENT
Petitioner was the absolute owner in possession of a total
extent of 17.10 cents of land comprised in Sy.No.2419 of
Palakkad-1 village. An extent of 2.83 ares corresponding to 7.07
cents out of the 17.70 cents was sought to be acquired by the
Government for construction of a Railway Over Bridge. A shop
building was situated in the property sought to be acquired. An
award was passed in 2011 and notice of dispossession was issued
on 18.03.2011. Petitioner was granted compensation for 7.07
cents and also portion of the structure situated there. The
grievance of the petitioner is that in excess of the extent covered
by the award, 1.86 cents of land was also taken into their
possession by the respondents and utilised for construction of the
Over Bridge. In this Writ Petition, an Advocate Commissioner was
appointed by this Court and the learned Advocate Commissioner
submitted an initial report on 02.01.2012.Thereafter another
report was submitted by the learned Advocate Commissioner on
14.02.2012. A Survey sketch is appended to the report of the
learned Commissioner. It shows that an extent of 1.86 cents of
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land was taken over by the respondents in addition to 7.07 cents
of land with respect to which an award was passed. No objection
was filed by the Government or the Roads and Bridges Corporation
to the findings of the Advocate Commissioner. It is also noticed
that the Corporation in an affidavit filed in C.C.C 401 of 2012 had
virtually admitted that excess area was taken over for the purpose
of construction. The relevant paragraphs of the affidavit filed by
the Corporation reads as follows:
"5. After passing the award, on 12/12/2011, the Special
Tahsildar LA (GI) Palakkad taken possession of the land and
sent a fax letter No.478/2007 informed us to take over the
entire land at 11 am on 15/12/2011. Accordingly the land
and the complete structures that came within the alignment
were got possession to the requisitioning authority and I am
under the impression that the entire land included in the
alignment was acquired by the L. A. Officer. The buildings
that were not included in alignment were left untouched as
it is.
6. It is also submitted that even at the time of inspection by
the advocate commissioner, I was under the bonafide belief
that the entire land covered in the alignment fixed by
requisition authority was acquired by the Land acquisition
officer. Therefore I submitted a letter along with
photographs to the advocate commissioner on 20/12/2011
stating the fact that the respondents have demolished the
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building portion only which is covered in the acquired
portion of land. It is only after measured the land with the
help of the Taluk Surveyor by the Advocate Commissioner
appointed by the Hon'ble High Court, I came to know that
there are some mistake happened in measurement of the
acquired land which lies within the boundary of the
alignment fixed by the requisition authority.
7. In fact, while getting possession of acquired land from
the L. A. Officer, this respondent was under the bonafide
belief that the land covered in the boundary stone were
acquired by the Land Acquisition Officer. The land taken
from the petitioner and its boundary stone are still lies
without any alteration. In fact the dispute is with regarding
the area and the measurement of the acquired land and the
petitioner has got the remedy U/s 18 of L A. Act."
2. Hence it is virtually admitted by the respondents also
that excess land was utilised for the purpose of construction of the
Railway Over Bridge for which no compensation has been paid to
the petitioner. As stated in the affidavit filed before this Court in
the Contempt Case, the stand of the Roads and Bridges
Corporation is that they are willing to pay compensation in case
the Revenue Authorities find the claim of the petitioner
sustainable.
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3. In the peculiar facts and circumstances of this case, I
dispose of this Writ Petition by directing the District Collector
Palakkad to take note of the claim of the petitioner with reference
to the reports of the Advocate Commissioner appointed by this
Court. It will be open to the District Collector to conduct any
further verification if required. Thereafter the Collector shall take
steps to award compensation to the petitioner for the excess area
utilised from the property of the petitioner for the construction of
the Railway Over bridge. While fixing the compensation, the
Collector shall have regard to the value fixed by this Court in LAA
No. 151 of 2018. The Collector shall take appropriate steps in this
regard and finalise the proceedings within a period of three
months from the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
S.MANU
JUDGE
PV
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APPENDIX OF WP(C) 16688/2011
PETITIONER EXHIBITS
EXHIBIT P1 NOTIFICATION UNDER SECTION 9(3) OF THE
LAND ACQUISITION ACT, 1894, DATED NIL
ISSUED IN RELATION TO THE ACQUISITION OF
THE PROPERTY
EXHIBIT P2 NOTICE DATED 08.07.2008 NO. 478/2007
UNDER RULE 7(1) OF THE LAND LAND
ACQUISITION RULES
EXHIBIT P3 AWARD BEARING NO.1/2011 DATED NIL OF THE
2ND RESPONDENT.
EXHIBIT P4 NOTICE OF THE AWARD UNDER SECTION 12(2)
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 DISPOSSESSION NOTICE BEARING NO. A
478/2007 DATED 18.03.2011 ISSUED BY THE
2ND RESPONDENT.
Exhibit P6 THE TRUE PHOTOCOPY OF COUNTER AFFIDAVIT
FILED BY THE ADDITIONAL 4TH RESPONDENT
DATED 23/05/2012 IN C.C.C.NO.401 OF 2012.
Exhibit P7 THE TRUE COPY OF JUDGEMENT DATED
4.12.2024 IN LA.APP NO 151 OF 2018 BEFORE
THIS HONOURABLE COURT
RESPONDENTS' EXHIBITS
Exhibit R4(a) TRUE COPY OF THE JUDGEMENT AND DECREE IN
LAR 10/2011 ON THE FILE OF THE
ADDL.SUBORDINATE COURT, PALAKKAD DATED
28.02.2018
Exhibit R4(b) A TRUE COPY OF THE MEMORANDUM OF LAA
Exhibit R4(c) TRUE COPY OF THE MAHAZAR DATED 27.04.2018
Exhibit R4(d) A TRUE COPY OF THE ALIGNMENT SKETCH
