Dismissed

Kerala Vyapari Vyavasyi Ekopana Samithy v. Union of India

Kerala HC1 Oct 2020WP(C)/17110/2020

Case brief

AI extract

What is this about?

Writ petition by traders' association units challenging the rehabilitation and resettlement package prepared for a metro rail land acquisition, seeking First Schedule compensation for tenants and revision of the package. The court held the package dealt only with Second Schedule entitlements and dismissed the petition, leaving tenants to pursue First Schedule compensation once awards are passed.

What the court decided

AI extract

Kerala Vyapari Vyavasyi Ekopana Samithy Vs Union of India — Land Acquisition | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942

¶7

WP(C).No.17110 OF 2020(S)

¶8

PETITIONERS:

¶9

1 KERALA VYAPARI VYAVASYI EKOPANA SAMITHY, VENNALA PALARIVATTOM UNIT, REPRESENTED BY ITS PRESIDENT C.S. RAMACHANDRAN, S/O. LATE S. P. SANKARAN NAIR, AGED 61 YEARS, KUNDOOR, PUTHENVEED, JANATHA ROAD, MANJUMMAL P O, PIN - 683501.

¶10

2 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY,

¶11

VENNALA PALARIVATTOM UNIT, REPRESENTED BY ITS SECRETARY, T.S. SURJITH, S/O. SUKUMARAN, AGED 61 YEARS, THOPPIL HOUSE, MULAVUKAD P O, PIN - 682504.

¶12

3 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, VENNALA PADIVATTOM UNIT, REPRESENTED BY ITS PRESIDENT, T.K. SAGAR, S/O. LATE KARUNAKARAN, AGED 63 YEARS, PIN - 682024.

¶13

4 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, VENNALA PADIVATTOM UNIT, REPRESENTED BY ITS SECRETARY, SANTHOSH K.K, S/O. K. S. KRISHNAN, AGED 50 YEARS, PIN - 682024.

¶14

5 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, TRIPUNITHURA NORTH UNIT, REPRESENTED BY ITS JOINT SECRETARY, JAYAN K.B, AGED 60 YEARS, S/O. LATE V. K. BALAKRISHNAN NAIR.

¶15

BY ADVS. SRI. T. R. S. KUMAR SRI. P. B.PRADEEP SRI. K. RAJAN (MUHAMMA) SMT. DEENA JOSEPH SMT. DEEPA R MENON SHRI MITHUN C THOMAS SRI. T. K. SHAJITH

¶16

RESPONDENTS:

¶17

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF RURAL DEVELOPMENT, CENTRAL SECRETARIAT, NEW DELHI - 110002.

¶18

2 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM -695004.

¶19

3 THE LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM - 695004.

¶20

4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD- 682030

¶21

5 THE SPECIAL TAHSILDAR(LA), KOCHI METRO I, CIVIL STATION, KAKKANAD - 682030.

¶22

6 THE DIRECTOR, DIRECTORATE OF ECONOMICS AND STATISTICS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA - 695033.

¶23

R1 BY ADV. SHRI P. VIJAYAKUMAR, ASG R2 TO R6 BY SENIOR GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

W.P.(C) No. 17110 of 2020

::2::

JUDGMENT

MANIKUMAR, CJ

Petitioners, office bearers of Kerala Vyapari Vyavasayi Ekopana Samithy, Palarivattom, Padivattom and Tripunithura units, have filed the instant writ petition seeking for the following reliefs:

¶30

"i) Issue a writ of certiorari to quash Exhibits P5 & P6 on the ground that they are contrary to Schedule II of the LARR Act, 2013 and its true spirit and philosophy. Exhibits P5 & P6 have been prepared with a malicious intention, to curtail just and fair compensation for the “affected families”, referred to Section 23 clause (c) of the LARR Act, 2013.

¶31

ii) Issue a writ of mandamus or any other writ or order, directing the respondents to revise and renew Exhibit P5 & P6, in accordance with Section 31(2) of the LARR Act, 2013, on the basis of “price index”.

¶32

iii) Issue a writ of mandamus or any other writ or order, directing the respondents to grant compensation for the tenants referred to in clause (c) of Section 3, in a proportion to be decided by the appropriate Government as per section 30(2) Schedule I of the LARR Act, 2013."

¶33

Short facts leading to the writ petition are that acquisition for Kochi

¶34

Metro is in progress. About 500 tenants are members of the 1^st petitioner organisation. They are affected families, as referred to in Section 3(c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, the

¶35

W.P.(C) No. 17110 of 2020 ::3::

¶36

LARR Act, 2013). As per the LARR Act, 2013, tenants are entitled to get compensation, in accordance with Schedule I, and rehabilitation as well as resettlement package, in tune with Schedule II. There is no ambiguity in the Statute about the compensation to be paid to the tenants, in proportion to be decided as per Schedule I.

¶37

Petitioners have further stated that Exhibits P5 and P6 have been prepared by the State Government, in accordance with Schedule II of the LARR Act, 2013, only for rehabilitation and resettlement packages.

¶38

Petitioners have further stated that Not even a single pai is paid to the tenants, as per Schedule I from 1.1.2014. Even though Exhibits-P5 and P6 have been prepared with Schedule II, it is a very meagre amount and contrary to the true spirit and philosophy of the LARR Act, 2013, and its legislative intent.

¶39

Petitioners have further stated that there is deliberate omission on the part of the Government in granting compensation to the tenants, referred to in Section 3(c) of the LARR Act, 2013. Tenants and their affected families are sub-classified as per Exhibits-P5 and P6, which amounts to discrimination among the equals. It is further contended that Exhibits-P5 and P6 are hit by Articles 14, 21 and 300 A of the Constitution of India. Hence, this public interest writ petition has been filed.

¶40

In the statement of facts, the petitioners have quoted the decisions

¶41

W.P.(C) No. 17110 of 2020 ::4::

¶42

of the Hon'ble Supreme Court in State of Uttar Pradesh v. Dr. Vijay Anand Maharajah [AIR 1963 SC 946]; M/s. Harilal Rattanlal Etc. Etc. v. State of U.P. and Another Etc. Etc. [(1973) 1 SCC 216]; Regional Director, Employees' State Insurance Corporation, Trichur v. Ramanuja Match Industries [(1985) 1 SCC 218]; Commissioner of Income Tax, Mumbai v. Anjum M. H. Ghaswala and Others , [(2002) 1 SCC 633]; J. Srinivasa Rao v. Govt. of A.P. and Another [(2006) 12 SCC 607]; Raghunath Rai Bareja and Another v. Punjab National Bank and others [(2007) 2 SCC 230]; Southern Petrochemical Industries CO. Ltd. v. Electricity Inspector & ETIO and others [(2007) 5 SCC 447]; Deddappa and Others v. Branch Management, National Insurance Co. Ltd [(2008) 2 SCC 595]; Usha Breco Mazdoor Sangh v. Management of Usha BRECO Limited and Another [(2008) 5 SCC 554]; Dev Sharan and Others v. State of Uttar Pradesh and Others [(2011) 4 SCC 769]; and Ramji Veerji Patel and Others v. Revenue Divisional Officer and Others [(2011) 10 SCC 643].

¶43

Petitioners have raised the following points for consideration.

¶44

a) Whether the tenants referred to in clause (c) of Section 3 are entitled to get compensation as per Schedule I of the LARR Act, 2013, apart from the rehabilitation and resettlement packages, as envisaged in Schedule-II.

¶45

b) Whether Exhibits-P5 and P6 have been prepared with a malicious intention to curtail just and fair compensation for the “affected families”, referred to in Section 3(c) of the LARR Act, 2013.

¶46

W.P.(C) No. 17110 of 2020

¶47

::5::

¶48

c) Whether Exhibits-P5 and P6 create class within the class in determining the compensation package under Schedule II of the LARR Act, 2013.

¶49

d) Whether Exhibits-P5 and P6 are to be revived and revised as per Section 31(2) of the LARR Act, 2013 every year.

¶50

Referring to the Section 3(c) of the LARR Act, 2013, Mr. T.R.S. Kumar, learned counsel for the petitioners, submitted that tenants also fall under the definition “affected family”.

¶51

Inviting our attention to the definition of “landowners” in the LARR Act, 2013, Schedule l of the said Act, and Exhibits-P5 & P6, learned counsel for the petitioners submitted that as per the Statute, tenants are also entitled to a share of the compensation amount to be determined as per Schedule I of the Act. He further submitted that there is a conspicuous failure on the part of the respondents, in not considering the factors mentioned in Schedule I, for determining compensation to the land owners and duly apportioning the same to the tenants. According to the learned counsel, there is a classification within classification, in Exhibits-P5 and P6, denying their legitimate compensation to the tenants as per the Statute.

¶52

Learned counsel for the petitioners further submitted that most of the members under the petitioners organisations are tenants, who are running and conducting business on both sides of the road from Kaloor Jawaharlal Nehru Stadium Metro Station to Kakkanad Infopark via Palarivattom, Padamugal, Vazhakkala, Kakkanad, Chittethukara area and

¶53

W.P.(C) No. 17110 of 2020 ::6::

¶54

both sides of Petta Junction to S.N. Junction, Tripunithura.

¶55

Before adverting to the submissions advanced, it is worthwhile to consider the relevant provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Government order dated 12.11.2018, and the circulars issued, which are extracted hereunder:

¶56

Government have issued G.O.(Ms) No.425/2018/RD dated 12.11.2018 (Exhibit P1), sanctioning acquisition of land, which reads thus:

¶57

“GOVERNMENT OF KERALA

¶58

Abstract

¶59

Revenue Department- Acquisition of .9398 Hectares of land in Kakkanad Village, 1.9205 Hectares of land in Edappally South & Vazhakkala Villages, .0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanad as part of 2^nd phase development of Kochi Metro Rail Project- Sanction accorded for proceeding with- the acquisition of land under LARR Act, 2013 - Orders issued.

¶60

------------------------------------------------------------------------------------------------REVENUE (B) DEPARTMENT

¶61

G.O.(Ms.)No.425/2018/RD Dated, Thiruvananthapuram, 13/08/2020

¶62

Read 1. G.O(P) 25/2018/RD dated 19.05.2018.

¶63

Letter No.C12-1130/2016 dated 20.10.2018 from the District Collector, Ernakulam.

¶64

ORDER

¶65

As per GO read as 1^st paper above Shri Saju V. Itty Executive Director, Kerala Voluntary Health Services, Kottayam was authorised to conduct a Social Impact Assessment Study and prepare a Social Impact Assessment Plan as provided in the LARR Act, 2013 for the acquisition of 0.9398 Hectares of land in Kakkanad Village, 1.9205 Hectares of land in Edappally South & Vazhakkala Villages, 0.0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanad Infopark as part of 2^nd phase development of Kochi Metro Rail Project. The agency has furnished the draft SIA report and conducted public

¶66

W.P.(C) No. 17110 of 2020

¶67

::7::

¶68

hearing as per Section 5 of the LARR Act, 2013 to ascertain the views of the affected families. The final report of SIA (both in English and Malayalam) has been made available to the Municipal Corporation and uploaded in the Government website as well as in the website of district administration as per Section 6 of the LARR Act,2013. District Collector, Ernakulam has constituted an Expert Group for evaluation of the Social Impact Assessment report report under Section 7 of the LAAR Act, 2013.

¶69

As per letter read as 2^nd paper above the district Collector has submitted the recommendations of the Expert Committee. Sub Section (1)(a) to (e) of Section 8 of the LARR Act, 2013 provides that on receipt of the recommendation of the Expert Committee the District Collector shall examine the proposals for LA and the SIA report and forward the recommendation report to Government. As such the recommendation letter has been furnished by the District Collector, Ernakulam in this case. Sub-Section (2) of Section 8 of the LARR Act, 2013 provides that after examining the proposal in detail and after satisfying the points referred in the Act, Government shall take a decision as to whether the LA proposal has to be proceeded with or not. In the instant case the Expert Committee members as well as the District Collector, Ernakulam has recommended to proceed with the land acquisition.

¶70

Government have examined the matter in detail and are pleased to approve the recommendation of the Expert Committee and in the light of the SIA report and the report of the District Collector, Ernakulam, sanction is accorded to proceed with the acquisition of 0.9398 Hectares of land in Kakkanadu Village.1.9205 Hectares of land in Edappally South & Vazhakkala Villages, 0.0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanadu Infopark as part of 2^nd phase development of Kochi Metro Rail Project under LARR Act, 2013.

¶71

English translation of Exhibit-P2 Expert Committee Assessment

¶72

report dated 20.10.2018 reads thus:

¶73

“ANALYSIS REPORT PREPARED UNDER THE SUPERINTENDENCE OF CHAIRPERSON, EXPERT COMMITTEE ON THE BASIS OF THE REPORT SUBMITTED BY THE KERALA VOLUNTARY HEALTH SERVICE (KVHS), KOTTAYAM THE SOCIAL IMPACT STUDY UNIT AS PART OF THE LAND ACQUISITION FROM JAWAHARLAL NEHRU STADIUM, KALOOR TO INFO PARK, KAKKANAD INCLUDED IN PHASE 1-B OF KOCHI METRO PROJECT.

¶74

::8::

¶75

W.P.(C) No. 17110 of 2020

¶76

On the basis of requisition received on 10-10-2016 to initiate proceedings under the RFCT LARR Act 2013 for acquisition of a total extent of 2.8603 hectares of land For the purpose of road development from Jawaharlal Nehru Stadium Kaloor to Info Park, Kakkanad in connection with the Kochi Metro comprises of 0.0940 hectares from Edappally South Village 0.3469 hectares from Block No.8 and 0.9398 hectares from Block No.9 of Vazhakkala Village, appointed Special Tahsildar(LA) No.1, Kochi Metro Rail Project and Special Tahsildar (LA) No.2, Kochi Metro Rail Project as Land Acquisition Officers vide proceedings of the District Collector No. C.10-1047/2016 dated 6-12-2017.

¶77

For conducting Social Impact Study under the LARR Act 2013 the firm by name Kerala Voluntary Health Service has been selected and that the District Collector has approved the notification under 4(1) of Rule 11(3) of the Rules under the LARR Act 2013 with direction to submit report within a period of 2 months and not exceeding 6 months after conducting Social Impact Study. Thus, the Kerala Voluntary Health Service had submitted the final report of the Social Impact Study on 29-8-2018.

¶78

As per the above report, the said road from Jawaharlal Nehru Stadium to Info Park, Kakkanad is of large scale vehicular traffic and an important road connecting Kochi city with other neighbouring places to have access with the city. The proposed project of Kochi Metro will cater the smooth, speedy and private travel facilities of the people and will help to change the face of Kochi City by combining all transportation sources. By reducing the traffic congestion to the surrounding areas at a large scale, the committee approved it as a public purpose as specified under sub section lb(i) of Section 2 of RFCT LARR Act 2013.

¶79

The expert committee opined that by giving fair compensation, rehabilitation and resettlement to eligible families, as specified in Schedule II of RFCT LARR Act 2013, and in G.O.(Ms) 448/2017/RD of the Revenue(B) Department dated 29-12-2017, the impact of the project shall be reduced and thus, compared to the social expenses and social

¶80

::9::

¶81

W.P.(C) No. 17110 of 2020

¶82

impact as part of implementing the project, the benefits of the project will be higher.

¶83

On the basis of the conclusion that the advantages of the project will be higher than the disadvantages, necessary approval can be given to take further steps for the project.

¶84

In the meeting convened in this regard under the superintendence of the Chairperson of the Expert Committee at 11 hrs. in the morning of the above stated facts have been discussed in detail and it has been unanimously decided to approve the above said report and it has been approved by all persons participated in the committee. On the basis of the above facts this report is submitted before the District Collector for approval of the proceedings.

¶85

Kakkanad, 20-10-2018.”

¶86

Sd/Smt.Princy Jacob, Chairperson, Expert Committee.

¶87

Exhibit-P5 is the guidelines issued by the Administrator, as

¶88

regards rehabilitation and resettlement dated 29.12.2017, and the same reads thus:

¶89

DRAFT PACKAGE PREPARED FOR REHABILITATION AND RESTORATION ON THE BASIS OF SCHEDULE No. 2 TO RFCT in LARR Act, 2013 AND ORDER OF THE REVENUE (B) DEPARTMENT G.O.(Ms) 446/2017/RD DATED 29-12-2017

¶90

A) Package for the owner who lost the house:

¶91

Condition: Should reside in the affected area continuously for three years before the notification is issued and evicted from such area not his own.

¶92

SI.No. In State Policy	Details	Amount(Rs.)
1	Financial Assistance to construct the house for the family evicted	3,00,000
4	One Time Financial Assistance for persons who had not received compensation/employment	5,00,000

¶93

::10::

¶94

W.P.(C) No. 17110 of 2020

¶95

5	Maintenance Grant (5000 x 12 months)	60,000
6	Transportation charges for the family evicted	50,000
10	One Time Allowance for restoration	50,000
	Total	9,60,000

¶96

B) Package for tenant who lost the house:

¶97

Condition: Should reside in the affected area continuously for three years before the notification is issued and evicted from such area not his own.

¶98

Sl. No. in	Details	Amount(Rs.)
State
Policy
6	Transportation charges for the family evicted	50,000
10	One Time Allowance for restoration	50,000
12	One Time Allowance for shifting	30,000
	Total	1,30,000

¶99

C) Package for persons who lost commercial business establishments.

¶100

Condition: Individual or family who should function in the affected area continuously for three years before the notification is issued and evicted from such area not his own and thereby adversely affected their primary means of livelihood.

¶101

i) Package for the owner conducting business.

¶102

4	One Time Financial Assistance for persons who had not received compensation/employment	5,00,000
5	Maintenance Grant (5000 x 12 months)	60,000
6	One time financial assistance	50,000
10	One time allowance for restoration	50,000
	Total	6,60,000

¶103

ii) Package for the tenant conducting business.

¶104

Including the shifting charges and other social expenses (Banks, oher financial institutions and big shops which is having an area of more than 2000 sq. feet is not

¶105

entitled to get the benefit of this scheme)

¶106

4	One Time Financial Assistance for persons who had not received compensation/employment	5,00,000
5	Maintenance Grant (5000 x 12 months)	60,000
10	One time allowance for restoration	50,000
11	One Time Allowance for shifting	2,00,000
	Total	810,000

¶107

W.P.(C) No. 17110 of 2020

¶108

::11::

¶109

iii) Package for owners who lost their rent:

¶110

4	One Time Financial Assistance for persons who had not received compensation/employment	5,000,000.
8	One time financial assistance	50,000
	Total	5,50,000

¶111

D) Package for the employees working in the commercial business establishments.

¶112

Condition: Persons should work in the commercial business establishment functioned in

¶113

the affected area continuously for three years before the notification is issued.

¶114

12	Financial Assistance for persons who lost their	36,000
	means of livelihood	(6000 x 6 months)
	Total	36,000

¶115

E) Package for persons who lost cattle shed/small petty shop

¶116

7 acka	One Time Financial Assistance for restoration of cattle shed/small petty shops. ge for shifting the prayer homes	25,000/- to 50,000/-
15	Actual expense for shifting and restoration	Up to a maximum of Rs.1,00,000/-

¶117

F) Package for shifting the prayer homes

¶118

G) Package for persons who lost their self employment/small business establishment.

¶119

One Time Package:

¶120

8 One Time Financial Assistance	50,000/-

¶121

H) Package for persons residing in Puramboke and conducting business:

¶122

Condition: Should reside in the affected area/conducted business continuously for three

¶123

years before the 4(1) notification is issued and evicted from such area not his own.

¶124

14	Financial Assistance	Rs.30,000/- apart from the value
		of the building/ appurtenant
		thereof. (5000x 6 months)

¶125

Administrator.”

¶126

Exhibit-P6 is the rehabilitation and resettlement packages for

¶127

acquisition of land, in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the same read thus:

¶128

::12::

¶129

W.P.(C) No. 17110 of 2020

¶130

“GOVERNMENT OF KERALA

¶131

Abstract

¶132

Reveue Department - Rehabilitation and Resettlement. Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Approved - Orders issued.

¶133

REVENUE (B) DEPARTMENT

¶134

G.O.(Ms)No.448/2017/RD Dated, Thiruvananthapuram, 29/12/2017

¶135

Read

¶136

G.O(Ms) No. 419/11/RD dated 15.11.2011.

¶137

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

¶138

Minutes of the 'meeting convened by ACS (Revenue) on 29.05.2017

¶139

ORDER

¶140

Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the necessity for a clear and transparent policy for rehabilitation and resettlement was felt.

¶141

The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD,Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram, discussed the various issues related formulation of State Policy on Rehabilitation & Resettlement in lieu of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 .

¶142

The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners a re faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those provided under the 2^nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶143

::13::

¶144

W.P.(C) No. 17110 of 2020

¶145

Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2^nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed.

¶146

By order of the Governor P H KURIAN ADDITIONAL CHIEF SECRETARY”

¶147

APPENDIX

¶148

SI. No.	State Policy on Rehabilitation and Resettlement
1	Provision of housing units in case of displacement:
	1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area.
	2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs.300000( three lakhs rupees only) irrespective of their annual financial income.
2	Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss ofl land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family. a minimum of one acre of land in the command area of the project for which the land is acquired:

¶149

W.P.(C) No. 17110 of 2020

¶150

::14::

¶151

	PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half, acres, whichever is lower.
3	Offer for developed Land: In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it.
4	Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a). Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers.
5	Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities.
6	Transportation cost for displaced families: Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle.

¶152

W.P.(C) No. 17110 of 2020

¶153

::15::

¶154

7	Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- (Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be.
8	One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees.
9	Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs.
10	One time Resettlement Allowance: Each affected family shall be given a one-time "Resettlement Allowance" of fifty thousand rupees only.
11	Commercial Tenants: One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft.
12	Employees working in commercial establishments: Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition.
13	Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-. ( Rupees thirty thousand only)
14	Encroachers who live or run their business on puramboke Land for a minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be: 1. Rs.5,000/-p.m (Rupees Five thousand only) for 6 months.

¶155

::16::

¶156

W.P.(C) No. 17110 of 2020

¶157

	2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
15	Place of worship.
	In addition to land and structural value,, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary.

¶158

Exhibit-P7 is the draft of rehabilitation and resettlement package

¶159

issued by the Deputy Collector (LA) on 25.10.2019, in Kerala Kaumudi daily and the same reads thus:

¶160

“Date: 25-10-2019

¶161

Deputy Collector (LA) Kochi Metro Rail Project & Administrator, Office of the Administrator, Civil Station, Kakkanad Road Development-Land Acquisition Proceedings-Notice of Draft Rehabilitation and Restoration Scheme

¶162

Notification under Section11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with regard to the land acquisition proceedings from Jawaharlal Nehru Stadium to Kakkanadu Junction coming under the limits of Edappally South, Vazhakkala and Kakkanad Villages of Kanayannur Taluk in Ernakulam District for Kochi Metro Rail Project has been published in the Extra Ordinary Gazette Volume 7 No.3225 dated 21^st December, 2018. The draft notice prepared on the basis of the G.O.(Ms) No.446/2017/RD issued by Revenue(B) Department dated 29-12-2017 to be issued to the building owners, tenants and the employees working in the above firms under the Right to Fair ompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Rules framed there under is issued as under:-

¶163

		LIST OF BENEFICIARIES
		EDAPPALLY SOUTH VILALGE
	Sy. No.	Name Institution	Owner/Lessee
1	128/1	Ramachandran Electrodes India	Owner (running business institution)
2	128/	UmaMaheswari	Owner
3		Nikhil kumar Dree Line Textiles	Owner

¶164

W.P.(C) No. 17110 of 2020

¶165

::17::

¶166

4 5		Unnikrishnan Balan	Puthoor Electronics Royal Bakery	Lessee Owner
6		Abdul Jabbar	Boofia Bakery	Owner (running business institution)
7		Parsana Shihab	Payasakkada	Lessee
8	119/2	Joy Mevattath		Owner
9	119/2	Prakashan	Auto Workshop	Lessee
10	119/2	Denson	Matha Meats	Lessee
11	120/16	Abdul Assis	OrganicRestaurant	Owner
12	120/ 1C	Abdul Manaff		Owner
13	120/1B, 1C	Shinil & Shibu	Car Accessories Shop	Owner
14	121/4	Joseph Phillip	Skylight system & service	Owner
15	121/4	Anilkumar & Others		Owner
16	121/4	Jibin	J.K. Plywoods & Glass	Owner
17	121/3	Sam Mathew &Joseph Thomas		Owner
18	121/3	K.S.Dinesh	More Shop	Lessee
19	121/3	Is-hak	Romantic Homes Kitchen Interiors	Lessee
20	121/3	Chosen fly.com		Lessee
21	121/3	P.J.Varghese & Anitha		Owner
22		Paul	Anjiparambil Equipments	Lessee
23		Dr. Shaji	Enlight Clinic
24		IT Office
25	124/4	Moitheen Kunju		Owner
26		Remeshan	Tyre Shop	Lessee
27		Manu	Meat Shop	Lessee
28		Sarbath Shameer		Lessee
29	124/3	Valsa Augustine		Owner
30	124/3	Varghese Jacob, Muthuthottathil veedu		Owner
31	124/3	V.P.George	KADS Farmers Agri Organic Bazar	Lessee
32	124/9	Sajeevan Kunjattuveedu		Owner
33		Suresh	Electrical Repairing	Lessee
34		Ratheesh	Stitch Magic Ladies Tailoring	Lessee
35		Sunil	Real Estate	Lessee
36		Thankaraj	Pazhassi Travels	Lessee
37		Binu	Salt &Pepper Restaurant	Lessee
38	126/17	V.G. Valsala		Owner
39	126/17	Santhosh	S.S.Hotel	Lessee
40	126/17	Ramachandran	Krishna Upholstery	Lessee
41	126/17	SarbathShameer	Cooldrinks	Lessee
42	126/17	Paily Vettikkattil & Others		Owner(Resident Home)
43	126/17	Antony & Others Villanassery		Owner
44	126/17	John Villanassery		Owner (Small scale business Institution)
45	131/7	Indira Chako		Owner
46	131/7	Mathew Cyriac	ChennothGlassess	Lessee
47	128/11A	V.G.Baby		Owner
48	128/11A	Faisal	Bakery	Lessee
49	124/8-2-2	Janet Veerchand Leasing & Investment Co.		Owner
50	124/8-2-2	Santhosh, Sujitha, Sayan		Owner (Resident

¶167

::18::

¶168

W.P.(C) No. 17110 of 2020

¶169

				House) Running business Institution
51	124/8	Sajeev		Owner (Resident House) Running Institution
52	124/8	Shahul	Car Accessories	Lessee
53	124/9	Sudhakaran		Owner
54	124/9	Sajan S/o Sudhakaran	Perking Air conditioner Service	Owner’s son (Running business Institution)
55	124/9	K.V.Baby, W/o Sudhakaran		Owner ‘s wife (Running business Institution)
56	124/4	Dr. Alexander	Eye Clinic	Owner
57	124/4	Abraham	Medical Shop	Lessee
58	124/4	K.S.Vijayan		Owner
59		Ragesh	Cylone Bake House	Lessee
60		Ahammed Subin Selin	Gateway Inn
61	121/3-1	Vijayakumarn Pillai		Owner
62	119/2A1	Joseph Eapern, Vivek		Owner
63	119/2A1	Shamsu	Smart Car	Lessee
		VAZHAKKAL	A VILLAGE
64	183/4	Jayakumar	Amaron Battery	Owner (Running tradeinstitution)
65	183/4	Jacob		Owner
66		Nabeel	T.P.Brothers	Lessee
67		Ajith Babu, S/o Joseph		Owner
68		Mithun.P.Francis	Windok ITShop	Lessee
69		Jose	Digital Electronics	Lessee
70	185/14	Jacob	Jacob’s Agencies	Owner (Running trade institution)
71		Jacob		Resident house ((Upfloor)
72		K.V.Joseph	Jayabharat Tyres	Owner, Running business institution
73		Shibu	Fish Stall	Lessee
74	204/4	P.C.Xavier		Owner
75		Jio Xavier	Power Safe Agencies	Lessee
76		Arjun	Dream Fill Travel Agencies	Lessee
77		Jose S/o Xavier	Reunion Exide Agencies	Lessee
78		Vimalkumar	Cleestel	Lessee
79	205/4	Ayyanad Service Co-operative Society		Owner
80		Kumar & Rangan	Hotel Aryas	Lessee
81		Hydrose	‘C’class shop	Lessee
82		Sebastian		Owner
83		AbdulNazar	M.M.Hardwares	Lessee
84		Abdul Khader
85		Dr.Patmakumari	Kottaykkal Aryavaidya Sala
86	206/4	Dr. Johnson	Service Clinic	Owner (Running business institution
87		Sanu		Owner

¶170

W.P.(C) No. 17110 of 2020 ::19::

¶171

88 89	206/6	Umaiba Bijoy	Shoobil Driving School	Lessee Lessee
90		Sakkeer	Pandal decoration association office	Lessee
91	206/18	Mathai		Owner
92		Siddique	Mobit	Lessee
93		Roy Mathew	Mini Muthoot	Lessee
94	206/7	Shemeer		Owner
95		Gireesh	Chat street	Lessee
96		Abdul Kareem		Owner
97		Shemeer	Modella	Lessee
98		V.A. Jameela	P.K.Traders	Owner (Running t business institution)
99	206/10	P.A.Muhammed	Hotel Galaxy	Owner (Running trade institution)
100		Ali	C class cool bar	Lessee
101	206/11	Anandavally & Others		Owner
102		C.O. Anto	Navya Bakers	Lessee
103	206/12	Kunjumuhammed	K.B.K. Textiles	Owner (Running business
				institution)
104	206/14	Ali		Owner
105		Safeer	Arabian Palace	Lessee
106		Mahin	Royal Sport	Lessee
107	206/16	Abdul Rasheed, Jasmine		Owner
108		V.M.Shajahan	Dastils	Lessee
109	208/2 & 209/2	Nazar	Mullakkampillil Hardwares	Owner (Running business institution)
110		Sathar	Mullakkampillil Jwellery, Mobile Shop (187E)	Owner (Running business
				institution)
111		Riyas	Mobile Shop	Lessee
112		Dr. Manoj Panicker	Dental Clinic	Owner
113	208/3 & 209/3	Salim, Iqbal		Lessee
114		Sunil	Finixcommunication	Lessee
115		Samad	Choice Garden	Lessee
116		Majeed	PamaElectronics	Lessee
117	208/4 & 209/7	Nazar	Fatima Cement	Owner (Running business institution)
118		Sharafudin	InoutBerger& cafeteria	Lessee
119		Ashraf	Hero cartons	Lessee
120		Unaisa	Bag works	Lessee
121	208/5 & 209/4	Anwar		Owner
122		Juberi Nazeer	Jisma Medicals	Lessee
123		Noushad	Kalappurkkal Oil Mills	Owner (Running business institution)
124		Abdul Khader	Fatima Super Market	Owner (Running tradeinstitution)
125	236/5	Pareeth Pilla		Owner
126		Kareem	Cool Bar	Lessee
127		Kiran	Gondon Dragon	Lessee
128		Ali	National Hardwares	Lessee

¶172

W.P.(C) No. 17110 of 2020 ::20::

¶173

129 130		Madhu Kadirupilla	Kanjins Tailors	Lessee Owner
131		Abdul Nazar	Dreams	Owner ‘s son (Running business institution)
132		Muhammed Basheer	Shoe World	Lessee
133	239/4	MuhammedKunju, Safiya		Owner
134		Thankamani Sudhan	Sajas Electricals	Owner (Running business institution)
135		Abdul Rahman	Raacinfosys	Lessee
136		Shamsu	Tea Shop	Lessee
137		Rahim	Sun Hardwares	Lessee
138		Purushan	Ambily Stores	Lessee
139		Rajan	Charishma Electronic	Lessee
140		Ibrahim	Super Homes	Lessee
141		St. Joseph Chruch		Shrine
142	292/4	Thafsir	Metal Park	Owner (Running business institution)
143			Pandal Cake House	Lessee
144		Samuel John & Ors.		Owner
145		Shaji (Manager)	Bata Show room	Lessee
146	299/7	Kunjumon		Owner
147		Joy & Benny	Lottary Shop	Lessee
148		Ibrahim		Owner
149		Askar	RoomcapesHomeFurnishing	Lessee
150		Ahsraff		Owner
151		Sidique	Arthunkal Medicals	Lessee
152		Shamsudeen		Owner
153		Niyas	InfoTechSystems	Lessee
154		Kunjumon		owner
155		Sreekand	Sruthi Times	Lessee
156		Ismail	Vismaya Barbar Shop	Owner (Running tradeinstitution)
157		Sidique		Owner
158		Jaimy	Fridge &T.V.repair	Lessee
159		Ibrahim		Owner
160		Gopi	Studio	Lessee
161		Ashraf		Owner
162		Abdul Manaff	Facility Computers	Lessee
163		Shamsudeen		Owner
164		AgnasPhillip	MannaBeauty	Lessee
165		Ismayil		Owner
166		Dhanish	Flex Materials	Lessee
167		Kunjumon		Owner
168		Shamsuddeen P.A.	ModiCare	Lessee
169		Siddique		Owner
170		Anwar	Fairenfils	Lessee
171	299/8	Nazar		Owner
172		Sreekumar Shibu	Mobile Phone Service & Helmet Shop	Lessee
173		Murali	NeoBatteryHouse	Lessee
174		Radha Krishnan	R.J.Tyres	Lessee
175		Kniff	FlowerShop	Lessee
176		Jayakumar	Csoft Technology	Lessee
177		Pradeep & Ors.	PerfectInterior	Lessee

¶174

W.P.(C) No. 17110 of 2020 ::21::

¶175

178 179		Dr. Sulaiman damodharan	Jose Homeos Anjaneya(TaxPanCard)	Lessee Lessee
180		Murali	, ABI Eng. Pvt. Ltd.	Lessee
181		Dr. Sulaiman	Al-Hilal Sadhu Samrakshana Samithy.	Lessee
182	299/12	Seenath		Owner
183		Shamas	Metro Hardwares	Lessee
184		Abdu		Owner
185		Shafas	Metro Power Tools	Lessee
186		Hafsa Beevi		Owner (Resident House, residential)
187		Saju Phillip	Trees Furniture	Lessee
188		Prakash Phillip	Dry Cleaning, Jose Brothers Collection Centre	Lessee
189		Fassal	Lap top Service Centre	Lessee
190	292/2	Bijoy Mathew		owner
191		Binsu, D/o Bijoy Mathew	Glamar Robs	Lessee
192		Sandeep	Tracon Courier Service	Lessee
193		Praveen	Avah	Lessee
194		Paul Madkkal	Modern modular kitchen	Lessee
195		Sainaba Beevi	Paint House	Lessee
196		Sasi	Kochi Auto Scan	Lessee
197		Fousiya	Kaliga	Lessee
198	291/5	Jaffar		owner
199		Aslam	Arcon solutions (Office)	Lessee
200		Bonny	Entrance Academy Coaching	Owner
201	291/5	Subbair		Owner
202		Honey	Odhani	Lessee
203		Joseph	JoseBrothers dry cleaning	Lessee
204		Rajeswari	Styleplus Beauty Parlour	Lessee
205		Abu	Furnitre Shop	Owner (Running business
				institution)
206		Muhammed Haneefa	Lora ladies designer boutique
207		Salam A.K.		Owner
208		Gulshan	GUL COOL ZONE	Lessee
209		Sabeena Salam		Lessee
210		Jobin Kurina	ST. Button Hall	Lessee
211		Miraj	Excellent taxsolutions	Lessee
212		Vijesh	P-Bilders officer	Lessee
213		Zereena	Ocianus bueuti	Lessee
214		shanavas	Pottery studio	Lessee
215		Subi	Angel Designer Beauti	Lessee
216		Salam		Owner
217		Niyas	AdhunicHair Beauty Saloon	Lesee
218		Attakoya (Kunjumon)	Snow white	Lessee
219		Ahemmad	Drunken Panda	lessee
220	64/22, 64/6	Muhammed		Owner
221		Sathar , S/o Muhammed	Thaikkoodam bakers	Lessee
222		Pathumma		Owner
223		Yusafe	Achuoo’sTea Shop	Lessee
224		Abdul Kareem		Owner
225		Hydrose	Nice–Cool Bar	Lessee
226		Fakruddin	Nice Tea Shop	Owner (Running business

¶176

W.P.(C) No. 17110 of 2020 ::22::

¶177

227		Sthar		institution) Owner
228		Hamsa	Mini Tea Shop	lessee
229		Hydrose		Owner
230		Abdul Kareem	Thaikkoodam communications	Lessee
231		V.P. George		Owner
232	48/5	Biju & family		Residential House, (Living for rent)
233		Muhammed,Khadija		Owner.
234		Moosakunju , S/o Muhammed	Servo World Class	Owner (Running business institution)
235		Yusuf	Universal Agencies	Owner (Running business institution)
236	45/22	Muhammed & Ors		Owner
237		Kishore	Nayana Opticals	Lessee
238		V.KHussain ,	Hardware Workshop	Lessee
239		Muhammed Kuju	DG Labs Office	Lessee
240		Manoj	Metro Digital Studio	Lessee
241	45/6	Jolly		Owner
242		Rajappan	Tip Top Hair Style	Lessee
243		Joshy Kandathil		owner
244		Faize	New Item Stationary	Lessee
245		junesh	Dress Code	Lessee
246		Muhammed	Galaxy Food Ware	Lessee
247		Mumtaz	Haircutting	Lessee
248		Rajesh	Surya Marketing	Lessee
249		Firoze	Galaxymarketing	Lessee
250	45/1	Haiunnisa	Pulikkal Furniture	Owner (Running business institution)
251		Sivaraman	Awatch Repairing	Lessee
252		Joshy George & Arun	Cochin finance	Lessee
253		Pareeth	Real Estate	Lessee
254	45/1	Jose , Johnson, Joemon	J.J. Metals	Owner Jose (Running Trade
				institution )
255		Rajan	JayaBakery	Lessee
256		Joemon	Divine Factory doors	Owner Joemon Running Trade
				institution )
257		GeorgeT.A.	Thara studio	Lessee
258		Jb	NVTi	L
259	43/4	uy Muhammedali& Ors	..mes	essee Owner
260		Badusha	Khadi Shop	Lessee
261		Ashraf	City Bakery	Owner (Running business institution
262		Hameed	Foot & Steps	Lessee
263		Hashim	Adayakada	Lessee
264	43/3, 43/5	N.H. Joseph		Owner
265		Salam	VazhakkalaAdayakkada	Lessee
266		Yusuf	Variety Adayakkada	Lessee
267		Jaffar	VarietyFashion	Lessee
268		Abdul Salam	Vegetable Shop	Lessee
269	43/3,43/5	Souryar		Owner

¶178

::23::

¶179

W.P.(C) No. 17110 of 2020

¶180

270		Nelson, S/o Souryar	Internet World (Net café)	Owner (Running business institution
271		China W/o Souryar	Photostat Printing	Owner’s Wife (Running business institution )
272		Benny N.J.	All TechNet Service	Lessee
273		Dixon , S/o Souryar		Residential House, Owner’s son
274		Subair	Bava’s Collections	Lessee
275		Muhammed rafi	Cycle Shop	Lessee
276	4/21	Ibrahim		Owner
277		Rafeeque	New Royal Two Wheeler work shop	Lessee
278		Kunjumon		Owner
279		Badusha	Bismilla Cool Bar	Lessee
280		Tintu	Chappathi Point	Lessee
281		Anwar	Furny land	Lessee
282		Ansari		Owner
283		Ansad	Yasin cafeteria	Lessee
284		Kunjumon		Owner (Resident house , residential )
285		Mahin kutyy	Auto Care,	Lessee
286	3/1	Thnkam Sreedharan		Owner
287		Rahim	House of Mobile	lessee
K	AKKANAD VILLAGE
288	342/40	P.B.Antony, S/o Bapu	National trades and agency	Owner
289	493/4	Abdul KhayimS/oAbuld Gaffoor		Owner
290	550/3	Poulose S/o Kuriakose		Residential house
291		Raji. C.T. ,Ardra		Residential house
292	551/2	Pappakodath Varuth wife Kaly’s heirs		Residential house
293		Purushan , S/o Varuth		Residential house

¶181

Details of affected persons pursuant to the Project as found in the survey conducted through the Land Acquisition Office has been published in the Website of the District Collector and in the office of the Special Tahsildar, Land Acquisition No.1, Kochi Metrol Rail Project, Kakkanad and Special Tahsildar, Land Acquisition No.2, Kochi Metrol Rail Project, Kakkanad and also in the office of the Kochi Corporation, Revenue Divisional Office, Fort Kochi, Taluk Office, Kanayannur and Village Office, Poonithura. It is proposes to give compensation as per the above said package before 31-3-2020. The date and place of the public meeting regarding the above said package will be intimated to the parties concerned through notice.

¶182

Deputy Collector(LA) & Administrator Kochi Metro Rail Project, Kakkanad.”

¶183

Exhibit-P8 is the proceedings of the Land Revenue

¶184

::24::

¶185

W.P.(C) No. 17110 of 2020

¶186

Commissioner, Thiruvananthapuram, dated 11.3.2020 and it reads thus:

¶187

“PROCEEDINGS OF THE LAND REVENUE COMMISSIONER (Public Office Compound, Museum Junction, Thiruvananthapuram) (Present: C.A.LATHA IAS)

¶188

No. L.R.C4-7251 /2020 Dated 11.03.2020.

¶189

Sub:- Ernakulam District - Kochi Metro - Land acquisition from Jawaharlal Nehru Stadium to Info Park, KakkanadApproving R.R. Package - order issued.

¶190

Ref:- Letter No.C12-1047/2016 of the District Collector dated 25-1-2020, 26-2-2020 and 5-3-2020.

¶191

Administrative sanction has been given vide G.O.(Ms) No.54/2017/ Trans dated 2-6-2017 to acquire the land for Kochi Metro for the road development from Jawaharlal Nehru Stadium to Info Park, Kakkanad of Kanayannur Taluk in Ernakulam District. Social Impact Assessment of the Project has been conducted under the LARR Act, 2013; the final report has already been approved by the District Collector and it has been published in the office website and other prescribed places. Thereafter the notification for the above acquisition of land under Section 11(1) has been published in Mangalam and Desabhimani dailies dated 3-3-2019 and also in Extra ordinary Gazette No.3225 Volume 7 dated 21-12-2018 and by invoking the powers vested upon the authorities under Section 19(7) of the LARR Act, order was issued extending the time limit for publication of the proclamation for three months from 21-12-2019 in appropriate cases.

¶192

As per order in G.O.(P) 590/15/RD issued under Section 43(1) of the LARR Act the Deputy Collector(LA) of the respective Districts were deputed as Administrator. The package was prepared vide G.O. (Ms) No.448/17/RD dated 29-12-2017. The package prepared by the Administrator thus was published in the Kerala Kaumudi daily dated 26-10-2019 and in the office of the Tahsildar(LA), Tripunithura Municipality and Cochin Corporation. Public Meeting regarding R&R Package was conducted on 11-11-2019, 12-11-2019 and 13-11-2019 and thereupon the above said package was submitted to the Land Revenue Commissioner with modifications for approval.

¶193

Order vide G.O.(P) 589/15/RD dated 1-11-15 has been issued under Section 44 of the RFCT LARR Act authorizing the Land Revenue Commissioner as the Commissioner for approving the Rehabilitation and Restoration Package. The details of the Package submitted by the District Collector is furnished hereunder.

¶194

Edappally Village

¶195

::25::

¶196

W.P.(C) No. 17110 of 2020

¶197

Sl No	Name	Rehabilitation & Resettlement benefits G.O. (M.S)448/17/ RD dtd 28/12/2017 according to the components	Amount	Sl. No.	Name	Rehabilitation & Resettlement benefits G.O. (M.S)448/17/ RD dtd. 28/12/2017 according to the components	Amount
1	C.S.Ramachandran	4,5,10	610000	30	Life David	4,5,10	610000
2	Uma Maheswari VP	4.8	550000	31	Jayakumar.P	4,5,10	610000
3	... K.K. Nikhilkumar	4,5,8,10	660000	32	Hafsa Beevi	1,4,5,6,8,10	1010000
4	Unnikrishnan. K.R.	4,5,10	610000	33	Shyni Saju	4,5,10	610000
5	K. Balan	4,5,10	610000	34	Fazal K.M	4,5,10	610000
6	K.P. Sajeevan Kunjattu Veedu	4,8	550000	35	Muhammed Gulshar.S.A.	4,5,10	610000
7	Suresh.I.A. Illiparambil Veedu	4,5,10	610000	36	Atta Koya (Kunjumon)	4,5,10	610000
8	Binu.K.S.	4,5,10	610000	37	Muhammed hiers wife, Pathu & Ors	4,5,8,10	660000
9	V.G.Valsala	4,8	550000	38	Yusuf T.E.	11	200000
10	SanthoshkumarP.K.	4,5,10	610000	39	N.M. Hamsa	11	200000
11	Ramachandran	4,5,10	610000	40	Kishorkumar .R.	4,5,10	610000
12	Jude.V.F. Villanassery Veedu	4,5,8,10	660000	41	V.K.Hussain	4,5,10	610000
13	Santhosh, Sugitha, Sayan Sajeev	1,4,5,5,6,8,10, 10	1120000	42	Manoj T.G.	4,5,10	610000
14	, K.S.Vijayan, Sheela Vijayan	4,8	550000	43	Joshy Kandathil	4,8	550000
	VAZHAKKALA VILL	AGE		44	Magi Tomy & Vijayalaks-hmi	4,5,10	610000
1	Abdul Nazar, Mundoorpilliyil	4,5,10	610000	45	S.M.Faizal	4,5,10	610000
2	N.A. Ali	4,8	550000	46	Juniadh	4,5,10	610000
3	Riyas.V.P., Sunil T.M.	4,5,10	610000	47	Muhammed.K.A.	4,5,10	610000
4	Nazar.M.K.	4,5,8,10	660000	48	Najumudeen	11	200000
5	Ashraf M.M.	4.5.10	610000	49	Rajesh.C.S.	4,5,10	610000
6	Thankamani Sudhan	11	200000	50	Muhammed Badusha	4,5,10	610000
7	Rayis Abdul Rahman	11	200000	51	K.A.Hameed	4,5,10	610000
8	Abdul Rahim E.K.	11	200000	52	Muhammed Shahim & Ors.	4,5,10	610000
9	A.K.Purushan	11	200000	53	N.X.Joseph	4,8	550000
10	V.S. Rajan	11	200000	54	N.X.George	4,8,	550000
11	St. Joseph Church	15	100000	55	K.P.Salam	4,5,10	610000
12	Ibrahim P.T.	4,8	550000	56	A.M.Yusuf	4,5,10	610000
13	Benny Antony (Askar)	4,5,10	610000	57	Muhammed Ali Jaffer	4,5,10	610000
14	Ashraf P.P.	4,8	550000	58	Souryar.N.V.	4,8	550000
15	Sidique P.P.	4,5,8,10	660000	59	Nelson, S/o. Xavier	4,5,10	610000
16	Shamsudeen P.P.. Palliparambil Veedu	4,8	550000	60	China, W/o. Souryar	5,10	110000
17	Ali M.A.	4,5,10	610000	61	Subair Bava	4,5,10	610000
18	Kunjmon P.P.	4,8	550000	62	Muhammed Rafi	4,5,10	610000
19	Sreekanthan C.B.	4,5,10	610000	63	V.A. Ibrahim	4,8	550000

¶198

::26::

¶199

W.P.(C) No. 17110 of 2020

¶200

20	Ismail P.P & Ors.	4,5,8,10	660000	64	Rafeek.O.H.	4,5,10	610000
21	Jaime	4,5,10	610000	65	Kunjumon K.S.	1,4,5,6,8,10	1010000
22	Gopi. M.P	4,5,10	610000	66	K.B.Mahin- kutty	4,5,10	610000
23	Abdul Manaf. P.M.	4,5,10	610000	KAK	KANAD VILLAGE
24	Dhanesh C.T.	4,5,10	610000	1	Poulose, S/o. Kuriakose	1,4,5,6,10	960000
25	Anwar K.K.	4,5,10	610000	2	Raji.C.T., Ardra	4,8	550000
26	Nazar, Pathu	4,8	550000	3	Mohanan & Ors., Legal heirs of Kali, W/o Pappakodath Varuth	1,4,5,6,10	960000
27	P.G.Shibu, C.B. Sreekumar	4,5,10	610000	4	P.B.Purushan, S/o Varuth	1,4,5,6,10	960000
28	Muraleedharan K.C.	4,5,10	610000		TOTA	L	48650000
29	Radhakrishnn. T.	4,5,10	610000

¶201

The Package submitted by the District Collector has been examined in

¶202

detail. It is seen that all procedural formalities in the Land Acquisition Rules, 2015 have been compiled therein. As per law Rehabilitation package is to be given for the persons who surrendered the land for public purpose. As stated above, the package submitted by the District Collector with recommendation has been hereby approved. The Administrator should take further action regarding the Rehabilitation Package and the details of action taken should be reported to this office. It is hereby further authorize the District Collector to furnish the Scheme approved for Rehabilitation and Restoration under Section 18 of the LARR Act 2013 in the Panchayat, Municipality and Municipal Corporations and in the office of the District Collector, Sub Divisional Magistrate and Tahsildar in the local language and to publish the same in the affected areas and also to publish in any of the Malayalam Daily having circulation in the affected area under Rule 21(6).

¶203

Sd/-

¶204

Commissioner.

¶205

Copy: (1) District Collector, Ernakulam. (2) Administrator & L.A. Deputy Collector (Kochi Metro) Ernakulam.

¶206

By order Sd/Superintendent.”

¶207

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established

¶208

W.P.(C) No. 17110 of 2020

¶209

::27::

¶210

under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.

¶211

Section 3 of the LARR Act, 2013 deals with definition and the relevant portions are extracted hereunder:

¶212

“3. Definition .–In this Act, unless the context otherwise requires,— (a) ”Administrator” means an officer appointed for the purpose of rehabilitation and resettlement of affected families under subsection (1) of section 43;

¶213

(b) xxxxxxxxxx

¶214

¶215

(i) a family whose land or other immovable property has been acquired;

¶216

(ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years

¶217

::28::

¶218

W.P.(C) No. 17110 of 2020

¶219

prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land;

¶220

(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land;

¶221

(iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land;

¶222

(v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition;

¶223

(vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land;

¶224

(d) xxxxxxxxxxx

¶225

(e) “appropriate Government” means,—

¶226

(i) in relation to acquisition of land situated within the territory of, a State, the State Government;

¶227

(ii) in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government;

¶228

(iii) in relation to acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry;

¶229

(iv) in relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; and

¶230

(v) in relation to the acquisition of land for the purpose of the Union as may be specified by notification, the

¶231

::29::

¶232

W.P.(C) No. 17110 of 2020

¶233

Central Government:

¶234

Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government, the Collector of such District shall be deemed to be the appropriate Government;

¶235

(f) ”Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority established under Section 51;

¶236

(g) 'Collector” means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act;

¶237

(h) ”Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of Section 44;

¶238

(i) ”cost of acquisition” includes—

¶239

(i) amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court;

¶240

(ii) demurrage to be paid for damages caused to the land and standing crops in the process of acquisition;

¶241

(iii) cost of acquisition of land and building for settlement of displaced or adversely affected families;

¶242

(iv) cost of development of infrastructure and amenities at the resettlement areas;

¶243

(v) cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act;

¶244

(vi) administrative cost,—

¶245

(A) for acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government;

¶246

::30::

¶247

W.P.(C) No. 17110 of 2020

¶248

(B) for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition;

¶249

(vii) cost of undertaking “Social impact Assessment study”

¶250

(J) xxxxxxxxxxx

¶251

(k) ”displaced family” means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area;

¶252

(l) xxxxxxxxxxx

¶253

(m) “family” includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him:

¶254

Provided that widows, divorcees and women deserted by families shall be considered separate families.

¶255

Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act;

¶256

(n) “holding of land” means the total land held by a person as an owner, occupant or tenant or otherwise;

(o) xxxxxxxxxxx

(P) xxxxxxxxxxx

(q) xxxxxxxxxxx

(r) “land owner” includes any person,—

¶261

(i) whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or

¶262

(ii) any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or

¶263

(iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or

¶264

::31::

¶265

W.P.(C) No. 17110 of 2020

¶266

(iv) any person who has been declared as such by an order of the court or Authority;

¶267

(s) xxxxxxxxxxx

¶268

(t) xxxxxxxxxxx

¶269

(u) “market value” means the value of land determined in accordance with section 26;

¶270

(v) xxxxxxxxxxx

¶271

(w) xxxxxxxxxxx

¶272

(x) “Person interested” means—

¶273

(i) all persons claiming an interest in compensation to be made on account of the

¶274

acquisition of land under this Act;

¶275

(ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest

¶276

rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);

¶277

(iii) a person interested in an easement affecting the land;

¶278

(iv) persons having tenancy rights under the relevant State laws including share-croppers

¶279

by whatever name they may be called; and

¶280

(v) any person whose primary source of livelihood is likely to be adversely affected;

¶281

(y) “Prescribed” means prescribed by rules made under this Act;”

¶282

Chapter IV of the LARR Act, 2013 deals with Notification and

¶283

Acquisition. Section 16 of Chapter IV of the Act speaks about preparation of

¶284

Rehabilitation and Resettlement Scheme by the Administrator and the

¶285

same reads thus:-

¶286

“ (1) Upon the publication of the preliminary notification under

¶287

::32::

¶288

W.P.(C) No. 17110 of 2020

¶289

sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include—

¶290

(a) particulars of lands and immovable properties being acquired of each affected family;

¶291

(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;

¶292

(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved; (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and

¶293

(e) details of any common property resources being acquired.

¶294

(2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved-

¶295

(i) a list of Government buildings to be provided in the Resettlement Area;

¶296

(ii) details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area.

¶297

(3) The draft Rehabilitation and Resettlement scheme referred to

¶298

in sub-section (2) shall include a time limit for implementing Rehabilitation and Resettlement Scheme.

¶299

(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities.

¶300

(5) A public hearing shall be conducted in such manner as

¶301

::33::

¶302

W.P.(C) No. 17110 of 2020

¶303

may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: Provided that in case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired: Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).

¶304

(6) The Administrator shall, on completion of public hearing submit the draft Scheme for 17 Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector.”

¶305

Section 17 of the Act speaks about review of the Rehabilitation

¶306

and Resettlement Scheme, and the same reads thus:-

¶307

“(1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45.

¶308

(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.

¶309

Section 18 of the Act speaks about the Approved Rehabilitation

¶310

and Resettlement Scheme to be made public, and the same reads thus”

¶311

“18. Approved Rehabilitation and Resettlement Scheme to be made public.– The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall

¶312

::34::

¶313

W.P.(C) No. 17110 of 2020

¶314

be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.”

¶315

Section 19 of the Act speaks about the Publication of declaration

¶316

and summary of Rehabilitation and Resettlement, and the same reads thus:

¶317

“19. Publication of declaration and summary of Rehabilitation and Resettlement.– (1) When the appropriate Government is satisfied, after considering the report, if any, made under subsection (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the ―resettlement area‖ for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).

¶318

(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1):

¶319

Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration:

¶320

Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land:

¶321

Provided also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under section 11.

¶322

(3) In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified.

¶323

(4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely:—

¶324

::35::

¶325

W.P.(C) No. 17110 of 2020

¶326

(a) in the Official Gazette;

¶327

(b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language;

¶328

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;

¶329

(d) uploaded on the website of the appropriate Government;

¶330

(e) in the affected areas, in such manner as may be prescribed.

¶331

(5) Every declaration referred to in sub-section (1) shall indicate,—

¶332

(a) the district or other territorial division in which the land is situated; 18

¶333

(b) the purpose for which it is needed, its approximate area; and

¶334

¶335

(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act.

¶336

(7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded:

¶337

PROVIDED that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded:

¶338

PROVIDED FURTHER that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same:

¶339

PROVIDED ALSO that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.” 24. Section 21 of the Act, 2013 speaks about notice to persons

¶340

interested, and the same reads thus:

¶341

::36::

¶342

W.P.(C) No. 17110 of 2020

¶343

“21. Notice to persons interested. – (1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him.

¶344

(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20.

¶345

(3) The Collector may in any case require such statement referred to in sub-section (2) to be made in writing and signed by the party or his agent.

¶346

(4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situated.

¶347

(5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of place or business and also publish the same in at least two national daily newspapers and also on his website.”

¶348

Section 22 speaks about the power to require and enforce the

¶349

making of statements as to names and interests, and the same reads thus:

¶350

“22. Power to require and enforce the making of statements as to names and interests. – (1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or

¶351

::37::

¶352

W.P.(C) No. 17110 of 2020

¶353

otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.

¶354

(2) Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).”

¶355

Section 23 of the Act, speaks about enquiry and land acquisition

¶356

award by Collector, and the same reads thus:

¶357

“23. Enquiry and land acquisition award by Collector. –On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of—

¶358

(a) the true area of the land;

¶359

(b) the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land; and

¶360

(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.”

¶361

Section 26 of the Act speaks about determination of market value of land by Collector, and the same reads thus:

¶362

“ 26. Determination of market value of land by

¶363

Collector. – (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:—

¶364

(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or

¶365

::38::

¶366

W.P.(C) No. 17110 of 2020

¶367

agreements to sell, as the case may be, in the area, where the land is situated; or

¶368

(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or

¶369

(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:

¶370

Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.

¶371

Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.

¶372

Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.

¶373

Explanation 3.—While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration.

¶374

Explanation 4.—While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value

¶375

(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule.

¶376

(3) Where the market value under sub-section (1) or subsection (2) cannot be determined for the reason that—

¶377

(a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or

¶378

(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land

¶379

::39::

¶380

W.P.(C) No. 17110 of 2020

¶381

are not available for the immediately preceding three years; or

¶382

(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas:

¶383

Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be:

¶384

Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1):

¶385

Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area:

¶386

Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.”

¶387

Section 27 of the Act speaks about determination of amount of compensation, and the same reads thus:

¶388

“27. Determination of amount of compensation. – The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land.

¶389

::40::

¶390

W.P.(C) No. 17110 of 2020

¶391

Section 28 of the Act speaks about parameters to be considered

¶392

by Collector in determination of award, and the same reads thus:

¶393

“ 28. Parameters to be considered by Collector in determination of award .– In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration—

¶394

firstly , the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules;

¶395

secondly , the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof;

¶396

thirdly , the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;

¶397

fourthly , the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

¶398

fifthly , in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;

¶399

sixthly , the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector's taking possession of the land; and

¶400

seventhly , any other ground which may be in the interest of equity, justice and beneficial to the affected families.”

¶401

Section 29 of the Act speaks about determination of value of

¶402

things attached to land or building, and the same reads thus:

¶403

W.P.(C) No. 17110 of 2020

¶404

::41::

¶405

“29. Determination of value of things attached to land or building. – (1) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

¶406

(2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.

¶407

(3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him.”

¶408

Section 30 of the Act speaks about award of solatium, and the same reads thus:

¶409

“(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. of the compensation amount.

¶410

Explanation. —For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired.

¶411

(2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.

¶412

(3) In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market

¶413

W.P.(C) No. 17110 of 2020

¶414

::42::

¶415

value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.”

¶416

Chapter V of the Act, 2013 deals with Rehabilitation and Resettlement Award. Section 31 in Chapter V of the Act speaks about Rehabilitation and Resettlement Award for affected families by Collector, and the same reads thus:-

¶417

“(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.

¶418

(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:—

¶419

(a) rehabilitation and resettlement amount payable to the family;

¶420

(b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;

¶421

¶422

(d) particulars of land allotted to the displaced families;

¶423

(e) particulars of one time subsistence allowance and transportation allowance in case of displaced families;

¶424

(f) particulars of payment for cattle shed and petty shops;

¶425

(g) particulars of one-time amount to artisans and small traders;

¶426

(h) details of mandatory employment to be provided to the members of the affected families;

¶427

(i) particulars of any fishing rights that may be involved;

¶428

(j) particulars of annuity and other entitlements to be provided;

¶429

(k) particulars of special provisions for the Scheduled Castes and

¶430

::43::

¶431

W.P.(C) No. 17110 of 2020

¶432

the Scheduled Tribes to be provided:

¶433

Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable”

¶434

Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index.”

¶435

Section 37 of the Act, 2013 speaks about awards of Collector

¶436

when to be final, and the same reads thus:

¶437

“(1) The Awards shall be filed in the Collector‘s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested.

¶438

(2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.

¶439

(3) The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose.”

¶440

Chapter VI of the Act deals with Procedure and Manner of

¶441

Rehabilitation and Resettlement. Section 43 in Chapter VI of the Act speaks

¶442

about appointment of Administrator, and the same reads thus:-

¶443

“(1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement.

¶444

W.P.(C) No. 17110 of 2020

¶445

::44::

¶446

(2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide.

¶447

(3) Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.”

¶448

Section 44 of the Act speaks about Commissioner for

¶449

rehabilitation and resettlement and the same reads thus:-

¶450

“(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement.

¶451

(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans.

¶452

(3) The Commissioner shall be responsible for the postimplementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas.”

¶453

Section 45 of the Act deals with rehabilitation and resettlement

¶454

committee at project level, and the same reads thus:-

¶455

“(1) Where land proposed to be acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas.

¶456

(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the 26 appropriate Government, the following members, namely:—

¶457

W.P.(C) No. 17110 of 2020

¶458

::45::

¶459

(a) a representative of women residing in the affected area;

¶460

(b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area;

¶461

¶462

(d) a representative of a nationalised bank;

¶463

(e) the Land Acquisition Officer of the project;

¶464

(f) the Chairpersons of the panchayats or municipalities located in the affected area or their nominees;

¶465

(g) the Chairperson of the District Planning Committee or his nominee;

¶466

(h) the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees;

¶467

(i) a representative of the Requiring Body; and

¶468

(j) Administrator for Rehabilitation and Resettlement as the Member-Convenor.

¶469

(3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the appropriate Government.”

¶470

Section 47 of the Act speaks about quantification and deposit of

¶471

rehabilitation and resettlement amount, and the same reads thus:-

¶472

“ 47. Quantification and deposit of rehabilitation and resettlement amount .–Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 43, under the supervision of the Collector.”

¶473

Chapter VIII of the LARR Act, 2013 deals with Establishment of

¶474

Land Acquisition, Rehabilitation and Resettlement Authority. Section 51 in Chapter VIII speaks about Establishment of Land Acquisition, Rehabilitation

¶475

and Resettlement Authority and the same reads thus:-

¶476

::46::

¶477

W.P.(C) No. 17110 of 2020

¶478

“ 51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. –

¶479

(1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as “the Land Acquisition, Rehabilitation and Resettlement Authority‖ to exercise jurisdiction, powers and authority conferred on it by or under this Act.

¶480

(2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to 28 sub-section (1) of section 64.

¶481

Section 60 under Chapter VIII of the Act deals with Powers of

¶482

Authority and procedure before it and the same reads thus:-

¶483

“ 60. Powers of Authority and procedure before it. – (1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—

¶484

(a) summoning and enforcing the attendance of any person and examining him on oath;

¶485

(b) discovery and production of any document or other material object producible as evidence;

¶486

¶487

(d) requisitioning of any public record;

¶488

(e) issuing commission for the examination of witnesses;

¶489

(f) reviewing its decisions, directions and orders;

¶490

(g) any other matter which may be prescribed.

¶491

(2) The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 64.

¶492

W.P.(C) No. 17110 of 2020

¶493

::47::

¶494

(3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure.

¶495

(4) The Authority shall, after receiving reference under section 64 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly.

¶496

(5) The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.”

¶497

Section 61 of the Act speaks about proceedings before Authority

¶498

to be judicial proceedings, and the same reads thus:-

¶499

“61. Proceedings before Authority to be judicial proceedings .–All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).”

¶500

Section 64 of the Act speaks about reference to Authority, and

¶501

the same reads thus:-

¶502

“ 64. Reference to Authority .–

¶503

(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it

¶504

::48::

¶505

W.P.(C) No. 17110 of 2020

¶506

is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:

¶507

PROVIDED that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:

¶508

PROVIDED FURTHER that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

¶509

(2) The application shall state the grounds on which objection to the award is taken:

¶510

PROVIDED that every such application shall be made—

¶511

(a) person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector‘s award;

¶512

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector‘s award, whichever period shall first expire:

¶513

Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.

¶514

Section 65 of the Act speaks about Collector’s statement to

¶515

Authority and the same reads thus:-

¶516

“ 65. Collector’s statement to Authority .–

¶517

(1) In making the reference, the Collector shall state for the

¶518

information of the Authority, in writing under his hand—

¶519

(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;

¶520

(b) the names of the persons whom he has reason to think interested in such land;

¶521

¶522

::49::

¶523

W.P.(C) No. 17110 of 2020

¶524

under section 13, and the amount of compensation awarded under the provisions of this Act;

¶525

(d) the amount paid or deposited under any other provisions of this Act; and

¶526

(e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

¶527

(2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively.”

¶528

Section 66 in Chapter VIII of the Act, 2013 deals with Service of

¶529

notice by Authority and the same reads thus:-

¶530

“ 66. Service of notice by Authority .–

¶531

The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely:—

¶532

(a) the applicant;

¶533

(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

¶534

¶535

Section 69 of the Act speaks about restriction on scope of

¶536

proceedings, and the same reads thus:-

¶537

“ 67. Restriction on scope of proceedings. –

¶538

The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection. 68. Proceeding to be in public.–Every such proceeding shall take place in public, and all persons entitled to

¶539

W.P.(C) No. 17110 of 2020

¶540

::50::

¶541

practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.”

¶542

Section 68 of the Act speaks about proceedings to be in public

¶543

and the same reads thus:-

¶544

“Every such proceeding shall take place in public, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.”

¶545

Section 69 of the Act speaks about determination of award by

¶546

authority, and the same reads thus:-

¶547

“(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act.

¶548

(2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

¶549

Explanation .—In computing the period referred to in this subsection, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.

¶550

(3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one

¶551

W.P.(C) No. 17110 of 2020

¶552

::51::

¶553

hundred per cent. over the total compensation amount.”

¶554

Section 70 of the Act speaks about form of award, and the same

¶555

reads thus:-

¶556

“(1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts.

¶557

(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908).”

¶558

Section 72 of the Act states that Collector may be directed to pay

¶559

interest on excess compensation, and the same reads thus:-

¶560

“If the sum, which in the opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from the date on which he took possession of the land to the date of payment of such excess into Authority:

¶561

PROVIDED that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said

¶562

::52::

¶563

W.P.(C) No. 17110 of 2020

¶564

period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such expiry.”

¶565

Section 73 of the Act speaks about re-determination of amount of

¶566

compensation on the basis of the award of the Authority, and the same reads thus:-

¶567

“(1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 23, the persons interested in all the other land covered by the same preliminary notification under section 11, and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Authority:

¶568

Provided that in computing the period of three months within which an application to the Collector shall be made under this subsection, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

¶569

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.

¶570

(3) Any person who has not accepted the award under subsection (2) may, by written application to the Collector, require that

¶571

::53::

¶572

W.P.(C) No. 17110 of 2020

¶573

the matter be referred by the Collector for the determination of the Authority concerned.”

¶574

Section 74 of the Act deals with appeal to High Court, and the

¶575

same reads thus:-

¶576

“(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:

¶577

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

¶578

(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.

¶579

Explanation .—For the purposes of this section, “High Court” means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated.”

¶580

Chapter IX of the Act deals with apportionment of compensation.

¶581

Section 75 in Chapter IX of the Act speaks about particulars of apportionment to be specified, and the same reads thus:-

¶582

“ 75. Particulars of apportionment to be specified. –

¶583

When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.”

¶584

Section 76 of the Act speaks about particulars of apportionment

¶585

W.P.(C) No. 17110 of 2020

¶586

::54::

¶587

to be specified, and the same reads thus:-

¶588

“ 76. Dispute as to apportionment .– When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.”

¶589

Chapter X of the Act deals with payment. Section 77 in Chapter X

¶590

of the Act speaks about payment of compensation or deposit of same in Authority, and the same reads thus:-

¶591

“(1) On making an award under section 30, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2).

¶592

(2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 would be submitted:

¶593

Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

¶594

Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64:

¶595

Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any

¶596

W.P.(C) No. 17110 of 2020

¶597

::55::

¶598

compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.”

¶599

THE FIRST SCHEDULE [See section 30(2)]

¶600

COMPENSATION FOR LAND OWNERS

¶601

The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government,-

¶602

Serial Numb er	Component of compensation package in respect of land acquired under the Act	Manner of determination of value	Date of determination of value
(1)	(2)	(3)	(4)
1	Market value of land	To be determined as provided under section 26.
2	Factor by which the market value is to be multiplied in the case of rural areas	1.00 (One) to 2.00 (Two) based on the distance of project from urban area, as may be notified by the appropriate Government.
3	Factor by which the market value is to be multiplied in the case of urban areas	1(One)
4	Value of assets attached to land or building	To be determined as provided under section 29
5	Solatium	Equivalent to one hundred per cent. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial number 4 under column (2)
6	Final award in rural areas	Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5

¶603

::56::

¶604

W.P.(C) No. 17110 of 2020

¶605

		under column (	2).
7	Final award in urban areas	Market value mentioned ag number 1 multi factor specifie serial number 3 of assets attac or building against serial under column solatium against serial under column (	of land ainst serial plied by the d against plus value hed to land mentioned number 4 (2) plus mentioned number 5 2).
8	Other component, if any, to be included

¶606

THE SECOND SCHEDULE

¶607

[See sections 31(1), 38(1) and 105(3)]

¶608

ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE.

¶609

Serial Number	Elements of Rehabilitation and Resettlement Entitlements	Entitlement/provision	Whether provided or not (if provided, details to be given)
(1)	(2)	(3)	(4)
1.	Provision of housing units in case of displacement	(1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Ashwas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family

¶610

W.P.(C) No. 17110 of 2020

¶611

::57::

¶612

		in urban areas which opts not to take the house offered, shall get a one- time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees: Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house: Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act. Explanation.–The houses in urban area may, if necessary, be provided in multi-storied building complexes.
2.	Land for Land	In the case of irrigation project, as far as possible and in lieu of compensation to be paid for land acquired, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: Provided that in every project those persons losing land and belonging to the Scheduled Castes or the Scheduled Tribes will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower.
3.	Offer for Developed Land	In case the land is acquired for urbanisation purposes, twenty per cent. of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land

¶613

::58::

¶614

W.P.(C) No. 17110 of 2020

¶615

		acquired and at a price equal to the cost of acquisition and the cost of development: Provided that in case the land owning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it.
4.	Choice of Annuity or Employment	The appropriate Government shall ensure that the affected families are provided with the following options: (a) where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of five lakhs rupees per affected family; or (c) annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers.
5.	Subsistence grant for displaced families for a period of one year	Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. In case of displacement from the Scheduled Areas, as far as possible, the affected families shall be relocated in a similar ecological

¶616

::59::

¶617

W.P.(C) No. 17110 of 2020

¶618

		zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities.
6.	Transportation cost for displaced families	Each affected family which is displaced shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle.
7.	Cattle shed/Petty shops cost	Each affected family having cattle or having a petty shop shall get one- time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be.
8.	One-time grant to artisan, small traders and certain others	Each affected family of an artisan, small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees.
9.	Fishing rights	In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government.
10.	One-time Resettlement Allowance	Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only.
11.	Stamp duty and registration fee	(1) The stamp duty and other fees payable for registration of the land or

¶619

::60::

¶620

W.P.(C) No. 17110 of 2020

¶621

house allotted	to the affected
families shall	be borne by the
Requiring Body	. (2) The land for
house allotted	to the affected
families shall	be free from all
encumbrances.	(3) The land or
house allotted names of wife affected family.	may be in the joint and husband of the

¶622

In exercise of the powers conferred by sub-section (1) and

¶623

clauses (b), (e), (f), (g), (h), (i) ,(j), (k), (l), (m), (o), (p), (r), (s), (t) and (u) of sub-section (2) of Section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), the Central Government have framed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015.

¶624

Rule 7 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 speaks about Preparation of Rehabilitation and Resettlement Scheme and public hearing, and the same reads thus:

¶625

“ 7. Preparation of Rehabilitation and Resettlement Scheme and public hearing .–

¶626

(1) Upon publication of the preliminary notification under subsection (1) of section 11, the Administrator shall conduct a survey and undertake a census of the affected families within a period of two months from the date of publication of such preliminary

¶627

W.P.(C) No. 17110 of 2020

¶628

::61::

¶629

notification.

¶630

(2) For the purpose of the survey to be conducted and the census of the affected families to be undertaken by the Administrator, he shall take into account –

¶631

(a) the Social Impact Assessment report;

¶632

(b) the records of the Panchayat, Municipality or Municipal Corporation, as the case may be, and other Government records.

¶633

(3) The Administrator shall get the data verified by door to door visit of the affected families and by site visits in case of infrastructure projects in the affected area.

¶634

(4) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall, in addition to the particulars mentioned in the sub-section (2) of section 16, contain the following, namely:–

¶635

(a) list of affected families with Aadhaar number of its members, if available;

¶636

(b) list of displaced families with Aadhaar number of its members, if available;

¶637

¶638

(d) list of land holdings in the affected area;

¶639

(e) list of trees, buildings, other immovable property or assets attached to the land or building which are to be acquired;

¶640

(f) list of trades or businesses in the affected area;

¶641

(g) list of persons belonging to the Scheduled Castes or the Scheduled Tribes, the handicapped or physically challenged persons in the affected area:

¶642

Provided that in case a person does not have an Aadhaar number, efforts may be made to get him so enrolled, provided he gives his consent for such enrolment and the claims of the affected families may be facilitated by carrying out consent-based Aadhaar authentication service.

¶643

(5) The Administrator shall give wide publicity to the draft

¶644

W.P.(C) No. 17110 of 2020

¶645

::62::

¶646

Rehabilitation and Resettlement Scheme in the affected area through publication in the following manner, namely:-

¶647

(a) in the Official Gazette;

¶648

(b) in two daily newspapers being circulated in the locality of such area of which one shall be in the regional language: Provided that in a place where such media is not available, then this clause shall not apply;

¶649

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, Taluk, Sub-division or Block, as the case may be;

¶650

(d) uploaded on the website of the appropriate Government.

¶651

(6) The Administrator or an officer authorised by him shall conduct a public hearing in the affected areas by issuing advance notice of three weeks on the date, time and venue mentioned in the said notice in accordance with the provisions of rule 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014, dated the 8^th August, 2014.”

¶652

Rule 8 of the rules speaks about publication of the approved

¶653

Rehabilitation and Resettlement Scheme, and the same reads thus:

¶654

“ 8. Publication of the approved Rehabilitation and Resettlement Scheme. – The Commissioner shall publish the approved Rehabilitation and Resettlement Scheme by affixing it in conspicuous places in the affected area.”

¶655

Rule 11 of the rules speaks about land acquisition award, and the

¶656

same reads thus:

¶657

“ 11. Land acquisition award. –

¶658

The land acquisition award referred to in section 23 shall be made in FORM VI and FORM VII.”

¶659

Chapter V of the Rules, 2015 deals with Administrator,

¶660

::63::

¶661

W.P.(C) No. 17110 of 2020

¶662

Rehabilitation and resettlement Committee, and National Monitoring Committee. Rule 16 in Chapter V of the rules speaks about the powers, duties and responsibilities of Administrator, and the same reads thus:

¶663

“ 16. Powers, duties and responsibilities of Administrator .–

¶664

The Administrator shall have the following powers, duties and responsibilities, namely:-

¶665

(a) to conduct a survey and undertake a census of the affected families and details of livestock possessed by each affected family in accordance with rule 7;

¶666

(b) to prepare a draft Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft Scheme);

¶667

¶668

(d) to make the draft Scheme available to the concerned persons and authorities;

¶669

(e) to organise and conduct public hearings on the draft Scheme;

¶670

(f) to submit the draft Scheme to the Collector;

¶671

(g) to execute and monitor the Rehabilitation and Resettlement scheme;

¶672

(h) to assist the Commissioner in post-implementation social audit of Rehabilitation and Resettlement Scheme; and

¶673

(i) any other work required to be done for Rehabilitation and Resettlement.”

¶674

The Right to Fair Compensation and Transparency in Land

¶675

Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred

¶676

to as the RFCTLARR Act) came into effect from 1^st January, 2014.

¶677

And whereas, sub-section (3) of Section 105 of the RFCTLARR

¶678

Act provided for issuing of notification to make the provisions of the Act relating to, the determination of the compensation, rehabilitation and

¶679

W.P.(C) No. 17110 of 2020 ::64::

¶680

resettlement applicable to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act;

¶681

And whereas, the notification envisaged under sub-section (3) of Section 105 of the RFCTLARR Act was not issued, and the RFCTLARR (Amendment) Ordinance, 2014 (9 of 2014) was promulgated on 31^st December, 2014, thereby, inter alia , amending Section 105 of the RFCTLARR Act to extend the provisions of the Act relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act;

¶682

And whereas, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 3^rd April, 2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2014;

¶683

And whereas, the RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30^th May, 2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2015 (4 of 201 5); And whereas, the replacement Bill relating to the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was referred to the Joint Committee of the Houses for examination and report, and the same is pending with the Joint Committee;

¶684

As whereas, as per the provisions of Article 123 of the

¶685

W.P.(C) No. 17110 of 2020

¶686

::65::

¶687

Constitution the RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) shall lapse on the 31^st day of August, 2015 and thereby placing the land owners at the disadvantageous position, resulting in denial of benefits of enhanced compensation and rehabilitation and resettlement to the cases of land acquisition under the 13 Acts specified in the Fourth Scheduled to the LARR Act as extended to the land owners under the said Ordinance;

¶688

And whereas, the Central Government considers it necessary to extend the benefits available to the landowners under the RFCTLARR Act to similarly placed land owners whose lands are acquired under the 13 enactments specified in the Fourth Schedule and accordingly the Central Government keeping in view the aforesaid difficulties has decided to extend the beneficial advantage to the land owners and uniformly apply the beneficial provisions of the RFCTLARR Act, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the land owners. Therefore, in exercise of the powers conferred by sub-section (1) of Section 113 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Central Government have passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015. The order came into force with effect

¶689

W.P.(C) No. 17110 of 2020 ::66::

¶690

from the 1^st day of September, 2015.

¶691

The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act.

¶692

Government order dated 23.09.2015 issued by the Principal Secretary to Government, Revenue (B) Department, Government of Kerala, approving the State Policy for Compensation and Transparency in land acquisition, along with the appendix, are extracted hereunder:

¶693

“ GOVERNMENT OF KERALA

¶694

Abstract

¶695

Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued.

¶696

REVENUE (B) DEPARTMENT

¶697

G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015 -------------------------------------------------------------------------------------------Read:- G.O.(P) No.470/2015/RD dated 19/09/2015

¶698

O R D E R

¶699

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair

¶700

::67::

¶701

W.P.(C) No. 17110 of 2020

¶702

compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015.

¶703

Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy.

¶704

Therefore, in order to speed up and simplify the procedures of land acquisition for public purposes, the Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC).

¶705

(By Order of the Governor)

¶706

Dr. Vishwas Mehta

¶707

Principal Secretary to Government”

¶708

Appendix

¶709

W.P.(C) No. 17110 of 2020 ::68::

¶710

W.P.(C) No. 17110 of 2020 ::69::

¶711

W.P.(C) No. 17110 of 2020 ::70::

¶712

W.P.(C) No. 17110 of 2020 ::71::

¶713

::72::

¶714

W.P.(C) No. 17110 of 2020

¶715

Circular dated 17.10.2015 issued by the Principal Secretary to

¶716

Government, Revenue (B) Department, as regards issuance of instructions for passing awards, is extracted hereunder:

¶717

W.P.(C) No. 17110 of 2020 ::73::

¶718

W.P.(C) No. 17110 of 2020 ::74::

¶719

W.P.(C) No. 17110 of 2020 ::75::

¶720

W.P.(C) No. 17110 of 2020 ::76::

¶721

W.P.(C) No. 17110 of 2020 ::77::

¶722

W.P.(C) No. 17110 of 2020 ::78::

¶723

W.P.(C) No. 17110 of 2020

¶724

::79::

¶725

Bare reading of Exhibit-P5 dated 29.12.2017, draft package prepared for Rehabilitation and Restoration, on the basis of the Second Schedule to RFCTLARR Act, 2013 dated 29.12.2017, makes it clear that, it does not deal with the First Schedule of the LARR Act, 2013. Exhibit-P5 takes care of the following:

¶726

A. Package for the owner who lost the house;

¶727

B. Package for tenant who lost the house;

¶728

C. Package for persons who lost commercial business establishments;

¶729

C(i). Package for the owner conducting business;

¶730

C(ii). Package for the tenant conducting business;

¶731

C(iii). Package for owners who lost their rent;

¶732

D. Package for the employees working in the commercial business establishments;

¶733

E. Package for persons who lost cattle shed/small petty shop;

¶734

F. Package for shifting the prayer homes;

¶735

G. Package for persons who lost their self employment/small business establishment;

¶736

H. Package for persons residing in Poramboke and conducting business.

¶737

Reading of Exhibit-P6 dated 29.12.2017 makes it clear that,

¶738

Government of Kerala have decided to give more assistance rather than what is included in the Second Schedule to the LARR Act, 2013. There are several benefits in Exhibit-P6. Both the Government orders speak about the package and more financial assistance to be provided to various persons, under different heads.

¶739

Exhibit-P7 dated 25.10.2019 is the draft of rehabilitation and

¶740

W.P.(C) No. 17110 of 2020

¶741

::80::

¶742

resettlement package issued by the Deputy Collector (LA) on 25.10.2019, in Kerala Kaumudi daily. The draft contains the names of owners, owners running business institutions, lessees, owners (Resident House), owners (small-scale business institutions), and many others.

¶743

The Deputy Collector (LA) & Administrator, Kochi Metro Rail Project, Kakkanad, in his proceedings dated 25.10.2019, has stated that the date and place of the public meeting regarding the payment of compensation as per the Rehabilitation and Restoration Scheme, would be intimated to the parties through notice and also proposed to give compensation before 31.03.2020.

¶744

Reading of the proceedings dated 11.03.2020 of the Land Revenue Commissioner shows that, pursuant to Exhibit-P7 dated 25.10.2019 of the Administrator, public meetings regarding the Rehabilitation and Restoration package have been conducted on 11.11.2019, 12.11.2019 and 13.11.2019 respectively, and thereupon, the said package has been submitted to the District Collector.

¶745

Thereafter, upon examining the package submitted by the District Collector and satisfying that the formalities under the Rules, 2015 have been followed, the Land Commissioner has approved the scheme, and directed the Deputy Collector (LA) - cum - Administrator, to give effect to the same.

¶746

W.P.(C) No. 17110 of 2020

¶747

::81::

¶748

Thus, it could be seen from the above, the above package refers to the Second Schedule of the LARR Act, 2013 alone. What has been done is as per Section 16 of the Act, 2013.

¶749

There is nothing on record to indicate that the authorities under the LARR Act, 2013 have undertaken any exercise for awarding compensation under the First Schedule of the Act. Procedure for passing an award for compensation, in terms of the First Schedule of the Act, 2013, and the factors to be considered as per the Act, 2013, Rules and Circular dated 17.10.2015, have been extracted supra.

¶750

Payment of compensation as per the Rehabilitation and Restoration Scheme, as contemplated in the Second Schedule, is different from compensation for land owners as per First Schedule. If the petitioners have any right under the Act, 2013 and the Rules framed thereunder, as and when an award is passed as per First Schedule, they may approach the competent authorities under the Act.

¶751

At this juncture, we may only observe that the definition of "affected family" in Section 3(c) of the Act includes, the family of whose land or other immovable property has been acquired along with the family of tenants and others. It should be borne in mind that as per the definition of the word "land owner" in Section 3(r) of the Act, 2013, "land owner" includes any person,--

¶752

::82::

¶753

W.P.(C) No. 17110 of 2020

¶754

"(i) whose name is recorded as the owner of the land or building or part thereof; in the records of the authority concerned; or

¶755

(ii) any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or

¶756

(iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or

¶757

(iv) any person who has been declared as such by an order of the court or Authority".

¶758

From the reading of Exhibits P5 to P7, it could be deduced that

¶759

there is no case to revise Exhibits P5 and P6, on the basis of “price index”, which is contrary to prayer (i) sought for by the petitioners, i.e., to quash Exhibits P5 and P6. After the passing of an award, as per the First Schedule of the Act, it is for the petitioners to approach the authorities under the Act and the rules, and establish their right if any to get compensation under the First Schedule of the Act. On the other hand, if Exhibits-P5 and P6 are quashed, the tenant will not get the Rehabilitation Package, in terms of the Second Schedule of the LARR Act, 2013. Public meetings have been conducted on various dates, as stated above. Therefore, there is no need to quash Exhibits-P5 and P6 dated 29.12.2017.

¶760

In view of the above, the third prayer sought for by the petitioners also cannot be granted.

¶761

W.P.(C) No. 17110 of 2020

¶762

::83::

¶763

In the result, the prayers sought for by the petitioners cannot be granted. Hence, the writ petition fails and accordingly, dismissed.

¶764

Sd/-

¶765

S. MANIKUMAR, CHIEF JUSTICE

¶766

Sd/-

¶767

SHAJI P. CHALY, JUDGE

¶768

krj

¶769

W.P.(C) No. 17110 of 2020

¶770

::84::

¶771

APPENDIX

¶772

PETITIONERS' EXHIBITS:

¶773

EXHIBIT P1 COPY OF GO(MS) NO.425/2018/RD DATED 12/11/2018.

¶774

EXHIBIT P2 COPY OF EXPERT COMMITTEE ASSESSMENT REPORT OF SIA DATED 20.10.2018.

¶775

EXHIBIT P3 COPY OF MEMORANDUM SUBMITTED TO THE 4TH RESPONDENT COLLECTOR ON 30.06.2020.

¶776

EXHIBIT P4 COPY OF MEMORANDUM SUBMITTED TO THE 4TH RESPONDENT COLLECTOR ON 01.07.2020.

¶777

EXHIBIT P5 COPY REHABILITATION AND RESETTLEMENT GUIDELINE DATED 29.12.2017 ISSUED BY THE ADMINISTRATOR.

¶778

EXHIBIT P6 COPY OF GO(MS) NO.448/2017/RD DATED 29.12.2017.

¶779

EXHIBIT P7 COPY OF DRAFT ON REHABILITATION AND RESETTLEMENT PACKAGE ISSUED BY THE DEPUTY COLLECTOR (LA) ON 25.07.2017 IN KERALA KOUMUDI DAILY ALONG WITH ENGLISH TRANSLATION.

¶780

EXHIBIT P8 COPY OF BENEFICIARIES LIST PUBLISHED IN KERALA KOUMUDI DAILY DATED 18.03.2020 ALONG WITH ENGLISH TRANSLATION.

¶781

EXHIBIT P9 COPY OF FORM NO.2(a) IN AWARD NO.68/2019 DATED 20.06.2019.

¶782

RESPONDENTS' EXHIBITS:- 'NIL'

¶783

//TRUE COPY//

¶784

P.A. TO C.J.

Kerala Vyapari Vyavasyi Ekopana Samithy v. Union of India

Case brief

What is this about?

What the court decided

Kerala Vyapari Vyavasyi Ekopana Samithy v. Union of India

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Govindankutty Vs the Muncipal Secretary, Kozhikode

Gireesh.M.M Vs S.M.Vijayanand

Oriental College of Teacher Education Vs the Regional Director

V.J.Thomas, Vs State of Kerala

Alakode Grama Panchayat, Vs Kakkara Crushers Private Ltd.

Haileyburia Tea Esates Limited Vs Union of India