Remanded

Belji Kumar v. Special Tahsildar (La)

Kerala HC14 Oct 2019WP(C)/1885/2019

Case brief

AI extract

What is this about?

Petitioners sought compensation for land acquired for a transmission line remained unreleased due to fund dispute between State Government and Power Grid. Court directed meeting with officials to resolve dispute within six weeks, making State liable for payment thereafter if unresolved. No amount guaranteed.

What did the court decide?

Direct First Respondent to convene meeting to resolve dispute within six weeks; State to pay compensation thereafter.

Belji Kumar Vs Special Tahsildar (La) — Land Acquisition | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941

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WP(C).No.1885 OF 2019(I)

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PETITIONERS:

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1 BELJI KUMAR, AGED 50 YEARS S/O. O. K. PARAMESWARAN, ONATTU HOUSE, KARIMKUNNAM P. O., KARIMKUNNAM VILLAGE, THODUPUZHA TALUK, NOW RESIDING AT ONATTU HOUSE, CHAMPOKADAVU ROAD, KAIRALI NAGAR, EDAPPALLY TOLL, COCHIN - 24

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2 SAJU AUGUSTINE AGED 52 YEARS S/O. AUGUSTINE, KAVALATHU HOUSE, PIZHAKU P. O., RAMAPURAM VILLAGE, MEENACHIL TALUK

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3 SIBI LUKKA AGED 52 YEARS S/O. LUKKA, THANNIAMPARA HOUSE, KARIMKUNNAM P. O., KARIMKUNNAM VILLAGE, THODUPUZHA TALUK

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BY ADVS. SRI.ALEXANDER JOSEPH SRI.M.V.SABU SMT.AKHILASREE BHASKARAN SMT.TERESA C. JOSEPH

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RESPONDENTS:

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1 SPECIAL TAHSILDAR (LA) POWER GRID CORPORATION OF INDIA, KAKKANAD, KOCHI -682030

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2 POWER GRID CORPORATION OF INDIA LTD. REPRESENTED BY ITS CHIEF MANAGER, KAKKANAD, ERNAKULAM 682030

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W.P.(C) No.1885 of 2019

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R1 BY VINOD.B. GOVERNMENT PLEADER R2 BY ADV. SRI.MILLU DANDAPANI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1885 OF 2019(I)

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W.P.(C) No.1885 of 2019

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JUDGMENT

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The State of Kerala, represented by the Chief Secretary to Government, Government Secretariat, Thiruvananthapuram, is impleaded suo motu as the additional third respondent.

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The alignment of the 400 KV transmission line from Koodamkulam Nuclear Power Plant to the State passes over an item of property owned by the petitioners. Though the compensation payable to the petitioners in this connection has been determined by the first respondent at Rs.34,49,925/-, the same has not been released. The grievance of the petitioners in the writ petition concerns the inaction on the part of the respondents in releasing the compensation.

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A statement has been filed by the first respondent. The stand taken by the first respondent in the statement is that fund for the disbursal of the compensation in corridor cases has not been placed by the second respondent, the Power Grid Corporation of India Limited and that the compensation will be released to the petitioners as and when fund is received from them, after verifying the records of the petitioners.

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WP(C).No.1885 OF 2019(I)

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Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned Standing Counsel for the second respondent.

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It is submitted by the learned Standing Counsel for the second respondent that the funds required for disbursement of the compensation payable to the petitioners and similarly placed persons have already been placed by the second respondent with the State Government and no further amount is payable by them to the State Government towards payment of compensation in connection with the drawing of the transmission line, in terms of the arrangement entered into between the second respondent and the State Government.

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The fact that the petitioners are entitled to a sum of Rs.34,49,925/- by way of compensation is not disputed by the State Government. If that be so, the petitioners cannot be asked to wait until the dispute between the State Government and the second respondent is finally resolved.

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In the circumstances, I deem it appropriate to dispose of the writ petition directing that the first respondent shall forthwith make arrangements for convening a meeting of the officials who are competent to resolve the dispute between the State Government and the second respondent and to ensure that the issue relating to the amounts payable by the second respondent to the State Government

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WP(C).No.1885 OF 2019(I)

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towards compensation to the petitioners and similarly placed persons is resolved finally, within six weeks from today. Ordered accordingly. Needless to say that if, for any reason, the dispute is not resolved within the aforesaid time limit, the State Government shall pay the compensation determined as due to the petitioners, as mentioned in the statement filed in this matter within a week thereafter, subject to the resolution of the dispute between the State and the second respondent.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.1885 OF 2019(I)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY 24.11.2018 PUTHENCRUZ	OF THE ISSUED	TAX RECEIPT DATED BY THE VILLAGE OFFICER,
EXHIBIT P2	TRUE COPY ISSUED BY	OF THE THE 2ND	NOTICE DATED 02.08.2017 RESPONDENT
EXHIBIT P3	TRUE COPY ISSUED BY	OF THE THE 1ST	NOTICE DATED 16.01.2018 RESPONDENT
EXHIBIT P4	TRUE COPY STATEMENT RESPONDENT	OF THE DATED 0	DETAILED VALUATION 1.11.2018 OF THE 1ST
EXHIBIT P5	TRUE COPY 16.01.2019 RESPONDENT	OF THE OF THE	APPLICATION DATED PETITIONERS TO THE 1ST
//TRUE COPY// PA TO JUDGE

Belji Kumar v. Special Tahsildar (La)

Case brief

What is this about?

What did the court decide?

Belji Kumar v. Special Tahsildar (La)

Case brief

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