The Supreme Court has ordered a survey to ascertain whether the construction of Kerala’s Mega Car Park has occurred on any portion of the property governed by the Periyar Lake Lease Agreement. A Bench led by Justice Abhay S. Oka directed the Survey of India (SoI) to undertake the demarcation and survey of the area covered by the lease agreement, specifically to identify the construction of the mega car park.
Facts of the Case:
The case stems from an order dated 18th October 2023, where both the State of Tamil Nadu and the State of Kerala were directed to file affidavits and agree to a survey conducted by the SoI. The dispute revolves around the construction of a Mega Car Park, and the objective is to determine whether it encroaches upon land covered by the Periyar Lake Lease Agreement dated 29th October 1886.
Under the terms of the agreement, Tamil Nadu was granted the exclusive right and liberty to utilise 8,000 acres at the confluence of Periyar and Mullayar, along with an additional 100 acres for dam construction. The agreement also confers the right to utilise water from the dam for irrigation purposes for a duration of 999 years.
Contentions of the Parties:
In response to the Court order, both states filed affidavits and consented to the survey proposed by the SoI. The senior counsel representing the plaintiff, the State of Tamil Nadu, explicitly stated that they have no objection to following the procedure outlined in the affidavit of the State of Kerala dated 24th November 2023. The central concern is whether the Mega Car Park has been constructed on the property covered by the historic Periyar Lake Lease Agreement.
Observations of the Court:
The Supreme Court’s primary objective is to ascertain whether the construction of the Mega Car Park infringes upon the land specified in the Periyar Lake Lease Agreement of 1886. The Court, therefore, directs the SoI or its nominated officers to conduct a comprehensive survey, following the procedure delineated in paragraph 12 of the State of Kerala's affidavit. This procedure is presumably a set of guidelines for the demarcation and survey process.
The Court emphasises that the survey should determine the exact area covered by the 1886 lease deed and subsequently evaluate whether Mega Car Park has encroached upon this leased area. It shows the importance of providing advance notice to officers nominated by both states, ensuring transparency in the survey process.
The Decision of the Court:
The Court granted three months to the SoI to complete the demarcation and survey and submit a detailed report directly to the court. The case is listed for further proceedings on 11th March 2024. The order underscores the significance of a thorough and unbiased survey conducted by the SoI to resolve the dispute between the states regarding the Mega Car Park construction.
Case Title: State of Tamil Nadu vs. The State of Kerala
Coram: Hon'ble Mr. Justice Abhay S. Oka and Hon'ble Mr. Justice Pankaj Mithal
Case no.: Criminal Appeal no. 3512 of 2023
Advocates for the Appellants: Mr. Akshay Sapre, Adv., Mr. Abhijeet Swaroop, Adv., Mr. Vinam Gupta, AOR, Ms. Shivani Karmakar, Adv.
Advocates for the Respondent: Mr. Pashupathi Nath Razdan, AOR, Ms. Maitreyee Jagat Joshi, Adv., Mr. Astik Gupta, Adv., Ms. Akanksha Tomar, Adv., Ms. Priyanka, Adv., Mr. Argha Roy, Adv., Mr. Gaurav Kumar, Adv.
Read Order @LatestLaws.com
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