Disposed

Zakheer Hussain v. Union Territory of Lakshadweep

Kerala HC30 Nov 2018WP(C)/30080/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging delay in reference under Section 64 of the RFCTLARR Act, 2013. The petitioners failed to constitute the Land Acquisition Authority. The Court allowed the petitioners liberty to approach the notified competent authority to seek reference.

What did the court decide?

Liberty granted to approach the notified competent authority (District Judge, Kavaratti) to direct the Land Acquisition Collector to make a reference under Section 64 for adjudication of claims.

Zakheer Hussain Vs Union Territory of Lakshadweep — Land Acquisition | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶5

WP(C).No.30080 of 2018

¶6

PETITIONERS:

¶7

1 ZAKHEER HUSSAIN AGED 49 YEARS

¶8

S/O.LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 558.

¶9

2 KADIYABI

¶10

AGED 55 YEARS

¶11

D/O LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶12

3 SAILANIPOO AGED 46 YEARS

¶13

D/O LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶14

4 HAVVABI

¶15

AGED 42 YEARS

¶16

D/O LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶17

5 SUHARA AGED 39 YEARS

¶18

D/O.LATE HARRIS, THAIKANDI HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶19

6 KUNHIMON.P.P S/O LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶20

7 KOYA S/O MUTHUKOYA KANNIPURA, PITTIYAPURAM, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶21

8 BEEFATHUMMA

¶22

MOOPANAKADIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶23

9 KADHEEJOMMABI.K.P KANNIPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶24

W.P(C)No.30080 of 2018

¶25

¶26

10 KUNHIBI.B W/O LATE ALIYAR KUNHI, BAMMATHIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-6582558.

¶27

11 MUTHUBI.K.P KANNIPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶28

12 SUBAIRATH.P.P W/O.LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶29

13 SALEEM.M S/O POOKUNHI KOYA, MALIKA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶30

14 UMMABI.K, W/O KOYAMMA, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶31

15 BEEGUM.K D/O LATE FATHIMA.K, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶32

16 SAFIYABI.K D/O LATE FATHIMA.K, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶33

17 NIZAMUDHEEN.K, S/O LATE FATHIMA.K, KUNJANODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶34

18 NASEEMA.M.K W/O LATE ABDUL KHADER, MOOPANAKADIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶35

19 KUNHI AHMAD KOYA.S, S/O LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶36

20 ABDUL RAHIMAN.S, S/O LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶37

21 ATTABI.S D/O LATE ATTAKOYA, SALIYODA, KILTAN ISLAND,

¶38

W.P(C)No.30080 of 2018

¶39

¶40

UNION TERRITORY OF LAKSHADWEEP-682558.

¶41

22 BEEFATHUMMA.S D/O LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶42

23 AYSHOMMA.S, D/O LATE ATTAKOYA, SALIYODA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶43

24 UMMAHANI.P.P D/O LATE SAYED MOHAMMED, PUTHIYAPURA,KILTAN ISLAND,UNION TERRITORY OF LAKSHADWEEP-682558.

¶44

25 SAINUL ABID S/O LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶45

26 ABDUL SALAM.P.P S/O LATE SAYED MOHAMMED, PUTHIYAPURA, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.

¶46

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

¶47

RESPONDENTS:

¶48

1 UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY THE ADMINISTRATOR, KAVARATTI-682555.

¶49

2 THE LAND ACQUISITION COLLECTOR, ADMINISTATION OF U.T.OF LAKSHADWEEP,COLLECTORTE,KAVARATTI-682555.

¶50

3 THE DEPUTY COLLECTOR(HQ)(LAND ACQUISITION) UNION TERRITORY OF LAKSHADWEEP,KAVARATTI ISLAND,UNION TERRITORY OF LAKSHADWEEP-682555.

¶51

4 THE DIRECTOR, PORT,SHIPPING AND AVIATION,U.T.OF LAKSHADWEEP,KAVARATTI-682555.

¶52

W.P(C)No.30080 of 2018

¶53

¶54

5 THE SUB DIVISIONAL OFFICER, KILTAN ISLAND,UNION TERRITORY OF LAKSHADWEEP-682558.

¶55

BY ADVS. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP

¶56

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶57

W.P(C)No.30080 of 2018

¶58

¶59

ALEXANDER THOMAS, J.

¶60

=============================

¶61

W.P(C)No.30080 of 2018

¶62

=============================

¶63

Dated this the 30^th day of November, 2018

¶64

JUDGMENT

¶65

The prayers in this Writ Petition

¶66

(Civil) are as follows:

¶67

“(i) Issue a writ of mandamus or any other appropriate writ or order or direction to the Land Acquisition Collector, that Exhibit P2 applications preferred by the petitioners be refered in terms of Section 64 of the 'Act' for the determination of the Authority, with regard to the amount of compensation and inadequacy thereof; within a time frame as deemed fit by this Honourable Court.

¶68

(ii) Issue a writ of mandamus or any other appropriate writ or order or direction to the 1^st respondent to constitute the Land Acquisition and Rehabilitation and Resettlement Authoroity contemplated under Section 51 of the 'Act'; if it has not been established hitherto;

¶69

(iii) Grant such other and further reliefs that are deemed fit in the facts and circumstances of this case.”

¶70

W.P(C)No.30080 of 2018

¶71

¶72

2. Heard Sri.Ajit.G.Anjarlekar, learned counsel appearing for the petitioners and Sri.S.Manu, learned Senior Central Government Standing Counsel for the Lakshadweep Administration appearing for the respondents.

¶73

3. As directed by this Court, the respondents have filed a statement dated 12.11.2018 through the senior Central Government Standing Counsel for the

¶74

Lakshadweep Administration, which reads as follows:

¶75

“1. I am the Senior Central Government Counsel appearing for the Respondents 1 to 5 in the above case. This statement has been prepared on the basis of the instructions given by the 2^nd respondent. This statement is being filed without prejudice to the right of the Respondents to file a detailed counter affidavit in the above case.

¶76

2. Petitioners who are natives of Kiltan Island in the Union Territory of Lakshadweep have approached this Hon'ble Court alleging failure on the part of the respondents to make reference under section 64 of the

¶77

¶78

¶79

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners admit tht they have a remedy under section 64 of the Act if the Collector fails to make a reference within a period of 30 days from the date of receipt of the application. The further case of the petitioners is that they are disabled from availing the remedy by the failure on the part of the respondents to establish the Land Acquisition and Rehabilitation and Resettlement Authority under section 51 of the Act.

¶80

3. It is submitted that the Hon'ble Administrator of the Union Territory of Lakshadweep in exercise of powers conferred by subsection 1 of section 51 of the Act, in consultation with the Hon'ble High Court notified the District Judge of the District Court, Kavaratti as the Land Acquisition and Rehabilitation and Resettlement Authority under the RFCTLARR Act, 2013 and notification dated 6.12.2017 issued by the order of the Hon'ble Administrator was published in the Lakshadweep Gazette dated 15.12.2017. Hence the contention of the petitioner that they are having no other remedy is incorrect. The petitioners can avail the remedy available under the Act. Hence the above writ petition may be disposed relegating the petitioners to invoke the remedy available under section 64 of the RFCTLARR Act, 2013.

¶81

¶82

¶83

4. Hence, there is no merit in the contentions raised in the above Writ Petition. No relief prayed for by the petitioner is liable to be granted by this Hon'ble Court. It is therefore most humbly prayed that this Hon'ble Court be pleased to dispose the above writ petition.”

¶84

4. It is submitted by Sri.Ajit

¶85

G.Anjarlekar, learned counsel appearing for the petitioners would submitted on the basis of instructions of his parties that the petitioners 6, 12, 14, 24, 25, 26, etc. figured as claimants in the impugned Ext.P-1 award dated 10.11.2017 and the other

¶86

respondents including petitioners 1 to 5 are the legal representatives/legal heirs of parties, who are claimants in Ext.P-1 award. That their application, as per Ext.P-2 filed

¶87

under Sec.64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for referring the matter to the

¶88

¶89

¶90

competent authority for adjudicating their claims for enhanced compensation is not being acted upon by the 2^nd respondent-Land Acquisition Collector and the 3^rd respondentDeputy Collector (HQ) (Land Acquisition), etc. Further, it is submitted by the petitioners that in order to avoid further delay, the petitioners have been advised to approach the notified competent authority under Sec.51(1) of the abovesaid Act, viz., the District Judge of the District Court, Kavaratti, as envisaged in the second proviso to Sec.64(1) of the abovesaid Act, so as to request the said notified competent authority to direct the Land Acquisition Collector to make reference to the competent authority, etc.

¶91

5. Accordingly, it is urged by the

¶92

petitioners that liberty may be given by this

¶93

¶94

¶95

Court to approach the said competent authority under Sec.51(1) of the Act, so as to request the said competent authority to direct the Land Acquisition Collector to refer the matter under Sec.64 of the abovesaid Act, for adjudication of their claims for enhanced compensation. Without getting into the merits of the controversy in any manner, it is for the petitioners to work out their remedies, in accordance with law and if such request is made before the competent authority as envisaged in Se.64 of the said Act, the said notified authority will issue notices of hearing to the petitioners as well as the competent authority among respondents, more particularly respondents 2 & 3 and then examine the tenability of the request made by the petitioners, seeking directions as per

¶96

¶97

¶98

the provisions contained in the second proviso to Sec.64(1) of the Act. It is made clear that any of the petitioners are not arrayed as claimants in the impugned award and they claim to be legal representatives of the deceased claimants, then, it is for them to ensure that necessary materials are made available before the notified competent authority to prove that they are legal heirs/legal representatives of such deceased claimants, and also after producing copies of the death certificates of such deceased claimants, from the competent authorities concerned. Petitioners may make such request before the notified competent authority as aforestated, without much delay, preferably within a period of one month and it is for the said notified competent authority to proceed further and finalise the said

¶99

¶100

¶101

request, in the manner known to law, after hearing the petitioners as well as the abovesaid competent authority among the respondents, without much delay. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

¶102

Sd/ALEXANDER THOMAS, JUDGE

vgd/04.12.18

APPENDIX

PETITIONER'S/S EXHIBITS:

¶108

EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 10/11/2017 VIDE F.NO.34/57/2007-LR ISSUED BY THE THIRD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE REFERENCE APPLICATION DATED 26.02.2018 SUBMITTED BY THE FIRST PETITIONER BEFORE THE LAND ACQUISITION COLLECTOR, THROUGH SUB-DIVISIONAL OFFICER, KILTAN. EXHIBIT P3 A TRUE PHOTOCOPY OF THE LETTER F.NO:9/1/2017-SDO(KTN)/15441 FORWARDED BY THE SUB-DIVISIONAL OFFICER, KILTAN TO THE LAND ACQUISITION COLLECTOR.

Zakheer Hussain v. Union Territory of Lakshadweep

Case brief

What is this about?

What did the court decide?

Zakheer Hussain v. Union Territory of Lakshadweep

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashique Mamu Vs the Village Officer

Sreevidya Sasidharan Vs State of Kerala

N.Rajamma Haridas Vs Union of India

E.Suresh Kumar Vs State of Kerala

Valsala Vs District Collector, Thiruvananthapuram

Ashakumar Vs State of Kerala