Allowed

Mohammed Ashraf v. Vs Union Territory of Laskhadweep

Kerala HC21 Nov 2018WP(C)/22968/2018

Case brief

AI extract

What is this about?

Petitioners challenged the delay in land acquisition and compensation under the Right to Fair Compensation Act, 2013. The court observed that principle approval was granted in principle by the Administrator and directed respondents to complete the process without delay within one year.

What did the court decide?

Respondents directed to complete land acquisition and payment of compensation without delay, preferably within one year from the date of certified copy of this judgment.

Mohammed Ashraf v. Vs Union Territory of Laskhadweep — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 21ST DAY OF NOVEMBER 2018/30TH KARTHIKA, 1940

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WP(C).No.22968 of 2018

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PETITIONER/S:

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1 MOHAMMED ASHRAF V., AGED 56 YEARS, S/O LATE ATTAKIDAVE K, VADAKILAPURA HOUSE, KILTAN ISLAND, UNITION TERRIORY OF LAKSHADWEEP- 682 558.

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2 HAWABI T.K., AGED 40 YEARS, D/O LATE HARRIS P.P.THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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3 HABEEBA K.P., AGED 32 YEARS, D/O ANASKOYA, KEELAPURA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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4 JAMALUDHEEN P.M, AGED 54 YEARS, S/O LATE KUNHI KOYA, PITTAYAMEL HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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5 K.AHAMED, AGED 61 YEARS, S/O MUHAMMED KOYA B., KUNNAMANGALAM HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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6 SHARAF .K., AGED 53 YEARS,, S/O LAE ABDULLA, KUNNASHADA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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7 ALIMOHAMMED, AGED 65 YEARS, S/O SAYED KOYA, KEELASURAMBI,NALAKAPAR HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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8 P.C.YACOOB, AGED 58 YEARS, S/O LATE KASMI, PUTHIYAPURACHETTA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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9 SHAHUL HAMEED, AGED 40 YEARS, S/O LAE SHAKKI KOYA,BAPPA, KADIYODA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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10 AMMENABI.N., AGED 43 YEARS, D/O LATE ATTAKIDAVU, NEDUNTHIRU HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 558.

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WP(C).No. 22968 of 2018

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BY ADVS. SRI.G.P.SHINOD SRI.AJIT G.ANJARLEKAR SRI.GOVIND PADMANAABHAN SRI.RAM MOHAN.G.

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RESPONDENT/S:

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1 UNION TERRITORY OF LASKHADWEEP REPRESENTED BY THE ADMINSITRATOR , KAVARATTI, UNION TERRITORY OF LAKSHADWEEP- 682 555.

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2 THE ADMINISTRATOR OF UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 555.

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3 THE LAND ACQUISITION COLLECTOR KAVARATTI ISLAND,UNION TERRITORY OF LAKSHADWEEP- 682 555.

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4 DEPUTY COLLECTOR HQ, KAVARATTI ISLAND UNION TERRITORY OF LAKSHADWEEP- 682 555.

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5 THE SUB DIVISIONAL OFFICER

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KILTAN ISLANDUNION TERRITORY OF LAKSHADWEEP- 682 558.

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6 THE SUPERINTENDING ENGINEER LPWD CIRCLE OFFICE,KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 555.

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7 THE EXECUTIVE ENGINEER LPWD DIVISION OFFICE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 555.

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8 THE ASSISTANT ENGINEER LPWD (CIVIL), SUB DIVISION, KILTAN ISLAND UNION TERRITORY OF LAKSHADWEEP- 682 552.

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BY ADV. MR.S.MANU, SR.CGC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22968 of 2018

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ALEXANDER THOMAS, J .

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W.P.(C).No.22968 of 2018

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Dated this the 21^st day of November, 2018.

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J U D G M E N T

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The prayers in the Writ Petition (Civil) are

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as follows:

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“(i) Issue a writ of mandamus or any other appropriate writ or order or direction to the respondents, to acquire the land and provide compensation for the property of the petitioners in accordance with the provisions of the right to Fair compensation Act, 2013, within a timeframe as deemed fit by this Honourable Court;

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(ii) Issue a writ of mandamus or any other appropriate writ or order or direction to the respondents, to acquire the balance portion of the land belonging to the petitioners which is lying towards the beachside and provide compensation for the same in accordance with the Right to Fair Compensation Act, 2013.”

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2. Heard Sri.Ajit G.Anjarlekar, learned

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counsel for the petitioners and Sri.S.Manu,

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learned Senior Central Government Counsel,

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appearing for the respondents.

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3. Respondents have filed a statement dated

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12.11.2018. Para 4 of the said statement reads as

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follows:

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“4. Taking note of the delay in completing the acquisition proceedings and payment of

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WP(C).No. 22968 of 2018

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compensation, the Hon'ble Administrator has granted in principle approval for acquisition vide diary No.2187 dated 26.10.2018. Consequently the 6^th respondent has issued an order to the Assistant Engineer LPWD, Sub Division-Kiltan directing to submit the required documents. Hence the PWD has already initiated the process for acquisition. It is most humbly submitted that the delay in completing the acquisition proceedings and payment of compensation happened due to administrative reasons and also for the reason that the new Act was brought to force in year 2013. However, taking into account the delay already occurred and the fact that the land owners are waiting for due compensation for the past several years, every endeavour will be made to complete the acquisition proceedings at the earliest. Hence it is most humbly prayed that this Hon'ble Court be pleased to dispose the above writ petition.”

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4. Sri.S.Manu, learned Senior Central Government Counsel, would submit on the basis of instructions that the administrator has already given “ in principle ” approval for initiating acquisition proceedings under the new Act 2013 on 26.10.2018 and the respondent-Superintending Engineer has already directed the respondentAssistant Engineer to furnish details of the lands required for acquisition purposes as well as the documents in respect of those land and the process would be completed without much delay. Respondents are directed to ensure that due process of acquisition of land as conceived under the new Act is initiated and completed without

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WP(C).No. 22968 of 2018

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much delay, preferably within a period of one year from the date of production of a certified copy of

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this judgment.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/-