Tenants sought eviction protection and rehabilitation compensation pending land acquisition for railway doubling. The court directed authorities to finalize rehabilitation package before State Level Empowered Committee within three months.
Direction to finalize rehabilitation proceedings before State Level Empowered Committee within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 12TH DAY OF NOVEMBER 2013/21ST KARTHIKA, 1935
WP(C).No. 18176 of 2013 (V)
PETITIONERS : -
GOLDSMITH, BUILDING NO.V/11, RESIDING AT VALUMMEL, THONNALLOOR, VELLOOR, MEVELLOOR P.O., KOTTAYAM - 686 609.
GENERAL MERCHANT, GODOWN, BUILDING NO.V/10, RESIDING AT KUNNEL HOUSE, KULAYITTIKKARA, P.O.KANJIRAMATTOM, ERNAKULAM - 682 315.
WP(C).No. 18176 of 2013 (V)
BY ADVS.SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN
RESPONDENTS : -
BY ADV. SRI.C.S.DIAS,SC, RAILWAYS BY GOVERNMENT PLEADER SMT. M.J. RAJASREE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18176 of 2013 (V)
APPENDIX
PETITIONERS' EXHIBITS : -
| ----------------- EXT.P-1 : |
-------------------- TRUE COPY OF THE REPRESENTATION DATED 28.5.2012 SUBMITTED BY THE KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI, VELLOOR UNIT BEFORE THE FIRST RESPONDENT. |
|---|---|
| EXT.P-2 : | TRUE COPY OF THE LETTER NO.C7.12303/07 (PETITIONS) DATED 31.5.2012 SENT BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT. |
| EXT.P-3 : | TRUE COPY OF THE REPRESENTATION DATED 20.7.2012 SUBMITTED BY THE KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI, VELLOOR UNIT BEFORE THE HONOURABLE CHIEF MINISTER. |
| EXT.P-4 : | TRUE COPY OF THE COMMUNICATION DATED 4.12.2012 SENT BY THE FIRST RESPONDENT TO THE PRESIDENT OF THE KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI, VELLOOR UNIT. |
| EXT.P-5 : | TRUE COPY OF THE REQUEST DATED 21.12.2012 SUBMITTED TO THE SECOND RESPONDENT BY KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI, VBELLOOR UNIT. |
| EXT.P-6 : | TRUE COPY OF THE APPLICATION DATED 11.2.2013 SUBMITTED BY TRUE COPY OF UNDER RTI ACT. |
| EXT.P-7 : | TRUE COPY OF THE REPORT SUBMITTED BY THE SPECIAL TAHSILDAR (LAND ACQUISITION) TO THE DISTRICT COLLECTOR. |
| EXT.P-8 : | TRUE COPY OF REHABILITATION AND RE-SETTLEMENT PACKAGE PROPOSED BY THE FIRST RESPONDENT ALONG WITH COVERING LETTER DATED 18.2.2013. |
| EXT.P-9 : | TRUE COPY OF THE REPRESENTATION DATED 21.1.2013 SUBMITTED BY THE 9TH PETITIONER TO THE TAHSILDAR (LA). |
| EXT.P-10 : | TRUE COPY OF THE JUDGEMENT DATED 8.4.2013 IN WP(C) NO.6799/2013 OF THIS HONOURABLE COURT. |
| EXT.P-11 : | TRUE COPY OF THE COMMUNICATION NO.W.271/I/CN/ERS/MNTT-PVRD DATED 21.6.2013 ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER. |
| EXT.P-12 : | TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(MS) NO.419/2011/RD DATED 15.11.2011. |
RESPONDENTS' EXHIBITS : -
--------------------------------------Exhibit R1(a) : TRUE COPY OF THE LETTER NO.W271/I/CN/ERS/MNTT-PVRD DATED 21.06.2013.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON,J.
W.P (C) NO. 18176 of 2013
Dated this the 12th day of November, 2013
JUDGMENT
The petitioners who are occupying the various
premises under their landlords as tenants are constrained to approach this Court because of the course and events whereby they are sought to be evicted in connection with the requirements of the respondent Railways. The prayers are in the following terms.
W.P (C) NO. 18176 of 2013
2
which this Hon'ble Court may deem fit and just under the circumstances of the case.
before this Court on 12.08.2013, the following interim order was passed.
Admit. Government Pleader takes notice for R1 and R3. Standing Counsel takes notice for R2. The first respondent to file a counter affidavit/statement. The petitioners shall not be dispossessed from the shop rooms in question until further order. Post after a month.
submits with reference to the contents of the counter affidavit already filed before this Court that, the petitioners are admittedly tenants of the landlords concerned and that the landlords had virtually sought to avail the benefit under the 'fast track scheme' for payment of the compensation offering to surrender the requisite extent of land. Meanwhile, the petitioners approached this Court by way of WP © No. 6799/2013, wherein Ext.P10 judgment was passed directing the Railways to consider the grievance of the petitioners and to pass appropriate orders. It was pursuant to Ext.P10, that the matter was considered and Ext.P11 order was passed on 21.06.2013, to the effect that Railway was agreeable to the
W.P (C) NO. 18176 of 2013 3
proposal submitted by the District Collector, Kottayam, for acquiring the land as per G.O (M.S) No. 419/11/RD dated 15.11.2011. The learned Standing Counsel points out that the said order is virtually in support of the petitioners, to have all the benefits including the rehabilitation package. But subsequently, the landlords took a 'U turn' and they went back from their commitment, insisting for further steps by way of land acquisition proceedings to have the land acquired. It was in the said circumstance, that the Railways could not implement Ext.P11 order. The learned counsel also points out that the Railway is always willing to give effect to Ext.P11, provided the land is surrendered by the landlords under the 'fast track scheme' as already committed by them.
as to the sequence of events and the relevant provision as contained in paragraph 2 reads as follows.
It is submitted that an extent of 1.98 Ares of land in Survey No.636/4-3-1 in Velloor Village, Vaikom Taluk is to be acquired for the doubling of Mulanthuruthy – Chengannur railway line. The land owners of property comprised in this survey number opted for Land Acquisition Proceedings and Land Acquisition award is already passed. Two GO (Ms) No.419/2011/RD dated 15.11.2011 and GO (Ms) No.182/2012/RD dated 03.05.2012 pertaining to R & R proceedings does not provide any provision for R & R package to those who are moving with LAR case. Hence the 9 merchants doing business in the rented building of these
W.P (C) NO. 18176 of 2013
4
land owners Fazal & Sunil cannot be extended the R & R package. The petitioners in this WP (C) has submitted an application on 05.08.2013 in this office with a copy of the judgment in WP(C) 6799/13 wherein the Railway authorities were directed to hear the petitioners and to take a decision. The Railway Authorities had informed this respondent that they agree to give compensation as per GO (Ms) No.419/2011/RD dated 15.11.2011. True copy of the letter Nos.W271/I/CN/ERS/MNTT-PVRD dated 21.06.2013 issued by Deputy Chief Engineer, Southern Railway, Ernakulam is produced herewith and marked as Exhibit R1(a). A hearing was conducted by this respondent on 31.07.2013, and decided to submit the proposal for R & R package for the approval from State Level Empowered Committee (SLEC) since Railway has agreed to give the same. The proposal submitted before SLEC to accord sanction to give R & R package in this case is pending consideration.
that, as evident from the counter affidavit filed by the first respondent, the matter has already been forwarded to the State Level Empowered Committee and the relief sought for will stand confined to have the proceedings finalized within a reasonable time. It is also pointed out that, the petitioners are having no objection with regard to the further proceedings to be pursued by the Railways in the meanwhile.
W.P (C) NO. 18176 of 2013
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rate, within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON JUDGE
DMR/-
2 issues framed by the court
Whether tenants occupying premises acquired for railway land expansion are entitled to rehabilitation package.
Whether the Railways authorities are directed to finalize rehabilitation proceedings within a specified time.
Colour shows how this judgement treated each authority
WP(C) No. 6799/2013Referred¶51
Ashraf
Haridasan
K.J. Mathew
Usman Khan
Shaila Sasidharan
V.M. Hamsa
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
