Kerala High Court
Razak K.R vs State Of Kerala on 10 September, 2025
W.P.(C).Nos.10460 of 2021 & connected cases
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2025:KER:67284
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
WP(C) NO. 10460 OF 2021
PETITIONER:
RAZAK K.R.
AGED 59 YEARS
S/O. KAMARUDEEN ROWTHER, RESIDING AT E.P. HOUSE,
MULLIKKADU, CHITHARA P.O. KOLLAM 691 559.
BY ADVS.
SHRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 SECRETARY TO GOVERENMENT,
PLANNING AND ECONOMIC AFFAIRS (RKI) DEPARTMENT, 5TH
FLOOR, ANNEX BUILDING, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
695 001.
4 SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
695 001.
5 DISTRICT COLLECTOR,
CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM 691
013.
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6 DISTRICT FOREST OFFICER,
CHINNAKADA, KOLLAM 691 001.
BY ADVS.
GOVERNMENT PLEADER
SHRI.T.P.SAJAN, SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.09.2025, ALONG WITH WP(C).16406/2020, 27863/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.10460 of 2021 & connected cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
WP(C) NO. 16406 OF 2020
PETITIONERS:
1 B.SURESH BABU
AGED 61 YEARS
S/O.BHARGAVAN, KULAKKARODE, KALLUVATTAMKUZHI,
KULATHUPUZHA, KOLLAM - 691 310.
2 S.ABDUL ALEEM
AGED 69 YEARS
S/O.SULTHAN PILLAI, CHARUVILAPUTHEN VEEDU,
MATHRAKARIKAM, MYLAMOODE, DALLY P.O., KOLLAM - 691
310.
3 SHAJAHAN A.
AGED 59 YEARS
S/O.ABDUL RAHIMAN, SHAFI MANZIL, CHANNANKARA P.O.,
KANIYAPURAM, THIRUVANANTHAPURAM - 695 301.
4 M.SULAIMAN
AGED 62 YEARS
S/O.MUHAMMED THAMPI, BLOCK NO.123, A.V.R.HOUSE,
OZHUKUPARA, MADATHARA P.O., THIRUVANANTHAPURAM -
691 541.
5 CHITHRASATHIKUMAR G.
S/O.GOPAL PILLAI, CHITHRALAYAM, SURABHI NAGAR,
AYATHIL P.O., KOLLAM - 691021.
6 SANILKUMAR G.
AGED 46 YEARS
S/O.GOPALA PILLAI, SHEEBA BHAVAN, MARANGADU,
ELAMPAL P.O., VILAKKUDY, PULAUR, KOLLAM - 691 322.
7 SOMAN PILLA V.
S/O.VENKITACHALAN PILLAI, YAMUNALAYAM, MYLAMOOD,
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DALI P.O., KOLLAM - 691 310.
8 SAINUDEEN I.
AGED 59 YEARS
S/O.ISHAL, SHIBINA MANZIL, MYLAMOODU, DALLY P.O.,
KULATHUPUZA, KOLLAM - 691 310.
9 ANILKUMAR G.
AGED 48 YEARS
S/O.GOPALA PILLAI, CHITHREVILASAM, DALLY P.O.,
KULATHUPUZHA, KOLLAM - 691 310.
10 SASIKUMAR V.
AGED 59 YEARS
S/O.VASUDEVAN, MAVARATHALA VEEDU, KULATHUPUZHA,
KOLLAM - 691 310.
11 JOY G.
AGED 50 YEARS
S/O.GEORGE, CHIRAKKROTTY VEEDU, KULATHUPUZHA,
KOLLAM - 691 310.
12 LULONA NIZAMUDEEN
AGED 34 YEARS
W/O.NIZAMUDEEN, MECHERY VILLA VEEDU, MADATHARA,
KOLLAM - 691 541.
13 NASREEN
AGED 34 YEARS
W/O.RAHEEM JAMAOL, KUNNAMPARATHA VEEDU,
KAPIPATHIKUNNA, CHOZHIYACODE, KOLLAM - 691 310.
BY ADVS.
SHRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
SMT.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
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2 SECRETARY TO GOVERNMENT
PLANNING AND ECONOMIC AFFAIRS (RKI) DEPARTMENT, 5TH
FLOOR, ANNEX BUILDING, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
4 SECRETARY TO GOVERNMENT
FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
5 DISTRICT COLLECTOR
CIVIL STATION RD., KAANKATHU MUKKU, KOLLAM - 691
013.
6 DISTRICT FOREST OFFICER
KOLLAM - 691 305.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.09.2025, ALONG WITH WP(C).10460/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
WP(C) NO. 27863 OF 2020
PETITIONERS:
1 NADARAJA PILLAI,AGED 67 YEARS
S/O. BALAN PILLAI, CHARUVILAPUTHENVEEDU, CHOZIYACOD
P.O, KOLLAM (DISTRICT)-691310.
2 LALITHAMMA,AGED 59 YEARS
D/O. PADMANABHA PILLAI. CHARUVILAPUTHENVEEDU,
CHOZIYACOD P.O, KOLLAM (DISTRICT)-691310.
3 V.MOHANAN PILLAI,AGED 56 YEARS
S/O. VENKIDACHALAM PILLAI, KUNNILVEEDU, MYLAMOOD-
DALLY (P.O) KOLLAM, KULATHUPUZHA - 691310.
4 SREELEKHA O,AGED 43 YEARS
D/O.GOPLAPILLAI, KUNNILVEEDU, MYLAMOOD-DALLY P.O,
KOLLAM, KULATHUPUZHA - 691310.
5 NAGAMMA C,AGED 80 YEARS
W/O. VENKIDACHALAM PILLAI, KUNNILVEEDU, MYLAMOOD-
DALLY P.O, KOLLAM, KULATHUPUZHA - 691310.
6 SHIVARAJA PILLAI,AGED 57 YEARS
S/O. VENKIDACHALAM PILLAI, ALCHILBHAVAN,
MATHRAKARIKAM, MYLAMOODU-DALLY (P.O)KOLLAM,
KULATHUPUZHA - 691310.
7 JALAJAMMAL S,AGED 53 YEARS
D/O. SOMAN PILLAI V, YAMUNALUM, MYLAMOODU-DALLY
(P.O)KOLLAM, KULATHUPUZHA - 691310.
8 ABDUL HASHIM M
AGED 60 YEARS
S/O. MOHAMED SALI, KACK LIGHT HOUSE, MYLAMOODU-
DALLY (P.O)KOLLAM, KULATHUPUZHA - 691310.
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9 LAILA HASHIM
AGED 55 YEARS
W/O. ABDUL HASHIM, KACK LIGHT HOUSE, DALI PO,
KULATHUPUZHA, QUILON (DISTRICT), PIN-691310.
BY ADVS.
SHRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
SMT.MAITREYI SACHIDANANDA HEGDE
SMT.A.ARUNA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 SECRETARY TO GOVERNMENT
PLANNING AND ECONOMIC AFFAIRS (RKI), DEPARTMENT 5TH
FLOOR, ANNEX BUILDING, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
- 695001.
4 SECRETARY TO GOVERNMENT
FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
- 695001,
5 DISTRICT COLLECTOR,
KOLLAM - 691001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.09.2025, ALONG WITH WP(C).10460/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
--------------------
W.P.(C).Nos.10460 of 2021, 27863 of 2020 & 16406 of
2020
---------------------------------------------------
Dated this the 10th day of September, 2025
JUDGMENT
Petitioners would contend that similar issues
are raised in all these writ petitions and,
therefore, they have been heard and disposed of by a
common judgment.
2. The above writ petitions are filed
challenging the Government order G.O.
(Rt.)No.483/2018/P&EA dated 14.11.2019, whereby the
project proposal of the forest and wildlife
department was implemented. Petitioners submit that
they are private land holders and they have
approached this Court aggrieved by the initiation of
relocation project as per the above said Government
Order instead of acquiring the lands of the
petitioners in accordance with the provisions of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
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2013 (hereinafter referred to the Act, 2013) and the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and the Resettlement
(Kerala) Rules,2015 (hereinafter referred to the
Rules,2015). The Government by G.O.
(Rt.)No.483/2018/P&EA dated 14.11.2019 is proceeding
with relocation of the petitioners from their
current landholdings and in the Government Order
dated 14.11.2019 it is stated that the compensation
shall be on the lines of relocation package approved
by NTCA for voluntary relocation from Tiger
Reserves, and for relocation of private settlement
from forests, it is proposed to have voluntary
relocation, wherein an amount of Rs.15 lakh would be
given to each eligible family, as is being carried
out in the Central Government approved NTCA model of
voluntary relocation projects and that at present,
the NTCA model provides Rs.10 lakh per family
whereas as per the present Government Order dated
14.11.2019, an additional amount of Rs.5 lakh is
also proposed, considering the cost escalation and
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that the norm of eligible family would as per the
relocation currently being done in Wayanad Wildlife
Sanctuary. Petitioners contend on the basis of the
Government Order that steps were initiated to
relocate the petitioners. Petitioners rely on
Ext.P26, which is the relevant pages of 'format for
Preparation of Village Relocation Plan from
Core/Critical Tiger Habitats' which is in respect of
Scheduled Tribes and other traditional forest
dwellers and the land of the petitioners being not a
forest land and that they are not forest dwellers,
if the State Government intend to relocate the
petitioners, the land is to be acquired in
accordance with the provisions of the Act, 2013.
Instead of that, a fixed compensation of Rs.15 lakhs
is provided to the family as per the Government
Order dated 14.11.2019, which is impugned in these
writ petitions. Petitioners also rely on the
relevant provisions of the Wild Life (Protection)
Act, 1972, especially Section 38V, which deals with
the Tiger Conservation Plan, which mandates that no
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scheduled Tribes or other forest dwellers shall be
resettled or have their rights adversely affected
for the purpose of creating inviolate areas for
tiger conservation unless resettlement or
alternative package has been prepared providing for
livelihood for the affected individuals and
communities and fulfills the requirements given in
the National Relief and Rehabilitation Policy.
Petitioners also rely on the National Rehabilitation
and Resettlement Policy, 2007, issued by the
Ministry of Rural Development, especially relying on
Clause 6.22, which mandates that the property has to
be acquired as per the provisions of the Land
Acquisition Act and that as per Clause 7, all the
affected families shall be provided sufficient house
site for constructing a residential building and
based on the same, it is submitted that the present
Government Order dated 14.11.2019, impugned in these
writ petitions, are not in consonance with the above
stated Act and the Rehabilitation Policy of the
Government.
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3. A detailed counter affidavit has been
filed by the 4th respondent, Government, stating that
the said Government Order impugning these writ
petitions dated 14.11.2019 is intended for
relocation of settlements from inside forests to
outside entails payment of adequate compensation,
and the compensation shall be on the lines of the
relocation package approved by NTCA for the
voluntary relocation from Tiger Reserves. The
learned Special Government Pleader brought to my
notice the relocation package approved by the NTCA
for the voluntary relocation from Tiger Reserves,
wherein one of the options for the relocated person
is payment of Rs.10 lakhs per family and also
without any rehabilitation, relocation by the Forest
Department. The learned Special Government Pleader
would further submit that the Government have taken
NTCA package only as an adoptive model, which
provides only for payment of Rs.10 lakhs, whereas
the present Government order under challenge
provides financial assistance to the tune of Rs.15
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lakhs for eligible willing family and further that
all persons who are defined as 'family' in the
Government order will receive Rs.15 lakhs
irrespective of the extent of land they possess.
The definition of family as stated in the said
Government order is extracted below:
"The details of the human settlements
proposed for relocation are as given under:
"Family includes a person, his/her spouse,
minor sons and daughters, minor brothers, sisters,
father, mother and other relatives residing with
him/her and dependent on him/her for their
livelihood."
The following persons will be treated as
separate families, even if they currently live
together with other relatives.
Major son/daughter (over 18 years) irrespective of
his marital status
Sister more than 18 years of age
Physically and mentally challenged person
irrespective of age and sex
Minor orphan who has lost both his/her parent
A widow or a woman divorcee."
Based on the same, the learned Special Government
Pleader would submit that it is a relocation policy,
which is beneficial to the relocated persons. The
learned Special Government Pleader would further
submit that the presumption of the petitioners is
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that the relocation mentioned in the Government
Order impugned herein is compulsory, but the said
relocation mentioned in the Government Order is
purely voluntary. Only if the petitioners intend to
relocate, petitioners need to surrender their land
as provided in the Government Order dated
14.11.2019, and if they are willing to relocate,
they will be entitled to the financial package
provided in the Government Order dated 14.11.2019.
The learned Special Government Pleader would further
submit that a perusal of the Government Order dated
14.11.2019 would reveal that it is not only in
connection with the relocation of private settlement
from Forests, etc., but it covers a large area of
implementation and the reliance placed by the
petitioners on the provisions of the Wild Life
(Protection) Act, 1972 and the National
Rehabilitation and Resettlement Policy, 2007, is not
applicable in the facts and circumstances of the
present case.
4. The petitioners would contend that they
W.P.(C).Nos.10460 of 2021 & connected cases
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are not intending to relocate from their present
location until and unless their land is acquired
after undergoing the provisions of the Act, 2013.
The learned special Government Pleader would submit
that if the petitioners intend to continue in the
present location, they could do so, and in case of
any danger from the wildlife, the Forest Authorities
will provide adequate protection to the petitioners.
5. Taking into consideration the above facts
and circumstances, the above writ petitions are
disposed of as follows:
Petitioners could continue in the present
location if they are not amenable to agree to the
provisions of the Government Order dated 14.11.2019.
If the petitioners chose to continue in the present
location, in case of any threat from wildlife, the
official respondents, the Forest Department, shall
see that adequate protection is extended to the
petitioners and their family. If the petitioners
agreeable to surrender land through acquisition as
per the provisions of the Act, 2013 and after giving
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due compensation, it is for the petitioners to
apprise the 3rd respondent regarding the same by
filing an appropriate request in this regard, which
shall be filed within a period of three weeks from
the date of receipt of a copy of this judgment. If
such a request is made, the same shall be duly
considered by the 3rd respondent in accordance with
law, with notice to the petitioners and take a
decision in the matter without any delay, at any
rate, within an outer limit of 4 months thereafter.
Sd/-
VIJU ABRAHAM,JUDGE
pm
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APPENDIX OF WP(C) 16406/2020
PETITIONERS' EXHIBITS
Exhibit P27 TRUE COPY OF THE REPRESENTATION DATED
08.12.2023 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE RESPONDENTS 3 AND
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P4 TRUE TAX RECEIPT DATED 24/06/2020 FOR THE
PROPERTIES OF THE FIRST PETITIONER IN
S.NOS.976/1/11/4, 976/11/4, 976/1/19/1.
976/1/17/1/2, 976/1/20/1 AND
976/1/17/1/2.
EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED
24/06/2020.
EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
23/06/2020.
EXHIBIT P7 TRUE COPY OF THE LAND TAX RECEIPT DATED
26/06/2020 FOR 3.16 ACRES.
EXHIBIT P8 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P9 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P10 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P11 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P12 TRUE COPY OF THE LAND TAX RECEIPT DATED
18/06/2020.
EXHIBIT P13 TRUE COPY OF THE LAND TAX RECEIPT DATED
18/06/2020.
EXHIBIT P14 TRUE COPY OF THE LAND TAX RECEIPT DATED
26/6/2020.
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
24/06/2020.
EXHIBIT P16 TRUE COPY OF THE LAND TAX RECEIPT DATED
17/07/2018.
EXHIBIT P17 TRUE COPY OF THE LAND TAX RECEIPT FOR THE
LAND OF 30 CENTS.
EXHIBIT P18 TRUE COPY OF THE PATTAYAM CERTIFICATE
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ISSUED TO THE PETITIONER.
EXHIBIT P19 TRUE COPY OF THE LAND TAX RECEIPT FOR THE
PROPERTY OF 2 ACRES.
EXHIBIT P20 TRUE COPY OF THE LAND TAX RECEIPT PAID
FOR THE LAND.
EXHIBIT P21 TRUE COPY OF THE LAND TAX RECEIPT DATED
18/01/2020.
EXHIBIT P22 TRUE COPY OF THE LAND TAX RECEIPT DATED
24/06/2020.
EXHIBIT P22(A) TRUE COPY OF THE LAND TAX RECEIPTS DATED
25/06/2020.
EXHIBIT P22(B) TRUE COPY OF THE LAND TAX RECEIPTS DATED
25/06/2020.
EXHIBIT P23 TRUE COPY OF THE LAND TAX RECEIPT DATED
10/05/2019.
EXHIBIT P24 TRUE COPY OF THE LAND TAX RECEIPT DATED
18/06/2020.
EXHIBIT P25 TRUE COPY OF THE G.O.(RT)
NO.483/2018/P&EA DATED 14/11/2019.
EXHIBIT P26 TRUE COPY OF THE RELEVANT PAGES OF
'FORMAT FOR PREPARATION VILLAGE
RELOCATION PLAN FROM CORE/CRITICAL TIGER
HABITATS'.
EXHIBIT P15 TRUE COPY OF THE LAND TAX RECEIPT DATED
26/06/2020.
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APPENDIX OF WP(C) 27863/2020
RESPONDENTS' EXHIBITS
Exhibit R4(b) TRUE COPY OF THE GO(MS) NO 2/2020/FWLD
DATED 23.1.2020
Exhibit R4(c) TRUE COPY OF THE GO(MS) NO 12/2021/FWLD
DATED 2.8.2021
Exhibit R4(a) TRUE COPY OF THE GO(RT) NO 483/2018/PEA
DATED 14.11.2019
PETITIONERS' EXHIBITS
EXHIBIT P3 A COPY OF LAND TAX RECEIPT DATED
08.07.2020.
EXHIBIT P4 A COPY OF LAND TAX RECEIPT DATED
08.07.2020.
EXHIBIT P5 A COPY OF LAND TAX RECEIPT DATED
21.10.2020.
EXHIBIT P6 A COPY OF LAND TAX RECEIPT DATED
21.10.2020.
EXHIBIT P7 A COPY OF LAND TAX RECEIPT DATED
19.08.2020.
EXHIBIT P9 A COPY OF LAND TAX RECEIPT DATED
19.10.2020.
EXHIBIT P10 TRUE COPY OF THE GO(RT) NO.483/2018/P AND
EA DATED 14.11.2019.
EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF FORMAT
FOR PREPARATION OF VILLAGE RELOCATION
PLAN FROM CORE/CRITICAL TIGER HABITATS.
EXHIBIT P8 A COPY OF LAND TAX RECEIPT DATED
19.10.2020.
EXHIBIT P1 A COPY OF LAND TAX RECEIPT DATED
25.06.2020.
EXHIBIT P2 A COPY OF LAND TAX RECEIPT DATED
01.07.2020.
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APPENDIX OF WP(C) 10460/2021
RESPONDENTS' ANNEXURES
ANNEXURE R1(A) TRUE COPY OF THE GO (RT)NO.483/2018/P AND
EA DATED 14.11.2019 OF PLANNING AND
ECONOMIC AFFAIRS (RKI) DEPARTMENT
ANNEXURE R1(B) TRUE COPY OF THE GO (MS) NO.2/2020/FWLD
DATED 23.01.2020 OF FOREST AND WILDLIFE
(D) DEPARTMENT
ANNEXURE R1(C) TRUE COPY OF THE GO (MS) NO.12/2021/FWLD
DATED 02.08.2021
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
30.12.2020.
EXHIBIT P2 TRUE COPY OF THE G.O. (RT.) NO.
483/2018/P&EA DATED 14.11.2019.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF FORMAL
FOR PREPARATION OF VILLAGE RELOCATION
PLAN FROM CORE/ CRITICAL TIGER HABITATS.
