Remanded

Cochin Devaswom Board v. Union of India

Kerala HC20 Jul 2023WP(C)/19020/2023

Case brief

AI extract

What is this about?

The High Court set aside an order rejecting the Cochin Devaswom Board's claim for compensation regarding temple land acquired for a National Highway. The Court directed the authority to reconsider the claim considering specific statutory provisions and a Village Officer's report within two months, or refer the matter to the Civil Court.

What did the court decide?

Impugned order dated 30.11.2022 set aside; 6th respondent directed to reconsider compensation claim within two months or refer matter to Principal Civil Court.

Cochin Devaswom Board Vs Union of India — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945
W.P.(C)NO.19020OF 2023

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PETITIONER:

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COCHIN DEVASWOM BOARD

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REPRESENTED BY ITS SECRETARY, COCHIN DEVSAWOM BOARD
OFFICE, ROUND NORTH, THRISSUR, PIN - 680001

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BY ADV K.P.SUDHEER

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN - 110001

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2 NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS AUTHORISED OFFICER, G-5+6, SECTOR - 10, DWARAKA, NEW DELHI, PIN - 110075

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3 PROJECT DIRECTOR OFFICE OF THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, 8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD, PIN - 678007

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4 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (DEVASWOM), DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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5 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003

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6 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LAND ACQUISITION)

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OFFICE OF THE SPECIAL DEPUTY COLLECTOR, SLAO &

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W.P.(C)No.19020 of 2023

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COMPETENT AUTHORITY, NHDP, THRISSUR, PIN - 680020

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7 THE VILLAGE OFFICER KIZHAKKUMURI VILLAGE, KORATTY P.O., THRISSUR DISTRICT, PIN - 680308

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BY ADV KRISHNADAS P. NAIR, CGC

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SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.19020 of 2023

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JUDGMENT

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Anil K. Narendran, J.

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The Cochin Devaswom Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P21 order dated 30.11.2022 of the 6^th respondent Special Deputy Collector (LA). The petitioner has also sought for a declaration that the Board is entitled to get compensation in respect of 0.0458 hectares of land in Sy.No.403/2 and 0.0080 hectares in Sy.No.401/4B of Kizhakkumuri Village in Mukundapuram Taluk belonging to Chirangara Devaswom and a direction to the 6^th respondent Special Deputy Collector and the Competent Authority (Land Acquisition) to effect payment of compensation to the Board immediately; and a writ of mandamus commanding the 6^th respondent to effect payment of compensation to the Board for the land acquired (0.0458 hectares in Sy.No.403/2 and 0.0080 hectares in Sy.No.401/4B of Kizhakkumuri Village) forthwith, with all the consequential benefits and interest.

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Going by the averments in the writ petition, a portion of the properties of Chirangara Bhagavathy-Vishnu Temple, which is under the management of the Board, covered by Ext.P1 Thanathu Register maintained by Chirangara Devaswom and

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W.P.(C)No.19020 of 2023

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Ext.P2 Basic Tax Register maintained by the 7^th respondent Village Officer, was acquired by the 1^st respondent Central Government for the development of National Highway. Apart from the land covered by Ext.P3 award dated 13.05.2015 passed by the 5^th respondent District Collector and Ext.P5 notice dated 13.05.2009 of the 6^th respondent Special Deputy Collector, an extent of 0.0080 hectares comprised in Sy.No.401/4B and 0.0458 hectares comprised in Sy.No.403/2 of Kizhakkumuri Village belonging to the Devaswom was also acquired and taken over for widening of the National Highway. However, no compensation has been paid to the Board for the said acquisition

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of Devaswom property. By Ext.P9 order of this Court dated 04.12.2017 in DBP No.29 of 2017, the 6^th respondent was directed to take a decision in the application made by the petitioner Board seeking compensation, as expeditiously as possible, but not later than six weeks from the date of receipt of a copy of that order. Though the Board produced the aforesaid order along with relevant documents before the 6^th respondent, the said respondent rejected the application by Ext.P21 order dated 30.11.2022, on the ground that in the revenue records, the property is described as puramboke. The 6^th respondent issued the said order even without considering Ext.P20 report of

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the 7^th respondent Village Officer wherein it is stated that at the time of acquisition, the property was owned by Chirangara Devaswom.

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On 14.06.2023, when this writ petition came up for admission, the learned Senior Government Pleader and also the Deputy Solicitor General of India sought time to get instructions.

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Heard the learned Standing Counsel for Cochin Devaswom Board for the petitioner, the learned Central Government Counsel for respondents 1 to 3 and also the learned Senior Government Pleader for respondents 4 to 7.

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The issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P21 order dated 30.11.2022 of the 6^th respondent, whereby the claim made by the petitioner Board for compensation in respect of property having an extent of 0.0458 hectares in Sy.No.403/2 and 0.0080 Hectares in 401/4B of Kizhakkumuri Village, was rejected on the ground that in the revenue records, the property acquired for the widening of National Highway is described as puramboke.

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The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and

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unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board.

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Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board under sub-section (1) of Section 62 shall be dealt with as Devaswom Properties. The provisions of the Kerala Land Conservancy Act, 1957 shall be applicable to Devaswom lands as in the case of Government lands. As per Section 62B, all unassigned lands belonging to the Devaswom under the sole

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W.P.(C)No.19020 of 2023

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management of the Board shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 and all the provisions of that Act shall, so far as they are applicable, apply to such lands.

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Section 68 of the Act provides for administration by

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the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund.

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Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of subsection (2) of Section 62, all rights, authority and jurisdiction

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W.P.(C)No.19020 of 2023

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belonging to or exercised by the Ruler of Cochin prior to the 1^st day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. Section 74 of the Act deals with superintendence and control by the Board. As per Section 64, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department.

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During the course of arguments, it has come out that Ext.P21 order dated 30.11.2022 of the 6^th respondent Special Deputy Collector and Competent Authority (Land Acquisition), Thrissur is one issued without taking note of Ext.P20 report dated 10.11.2022 issued by the 7^th respondent Village Officer, Kizhakkumuri Village.

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Having considered the materials on record and also the submissions made at the Bar, we find that the claim made by the petitioner Cochin Devaswom Board for compensation in respect of 0.0458 hectares of land in Sy.No.403/2 and 0.0080 hectares in Sy.No.401/4B of Kizhakkumuri Village in Mukundapuram Taluk of Chirangara Devaswom requires reconsideration at the hands of the 6^th respondent Special

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W.P.(C)No.19020 of 2023

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Deputy Collector and Competent Authority (Land Acquisition), with specific reference to the statutory provisions under the Travancore-Cochin Hindu Religious Institutions Act, after adverting to the legal and factual contentions raised by the Board and the materials placed on record by the Board. The 6^th respondent shall also advert to Ext.P20 report dated 10.11.2022 of the 7^th respondent Village Officer, Kizhakkumuri Village.

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Accordingly, this writ petition is disposed of by setting aside Ext.P21 order dated 30.11.2022 of the 6^th respondent Special Deputy Collector and Competent Authority (Land Acquisition) and the said respondent is directed to reconsider the claim made by the petitioner Board for compensation in respect of 0.0458 hectares of land in Sy.No.403/2 and 0.0080 hectares in Sy.No.401/4B of Kizhakkumuri Village in Mukundapuram Taluk of Chirangara Devaswom, with specific reference to the statutory provisions under the Travancore-Cochin Hindu Religious Institutions Act, after adverting to the legal and factual contentions raised by the Board and the materials placed on record by the Board and also Ext.P20 report dated 10.11.2022 of the 7^th respondent Village Officer, Kizhakkumuri Village. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of two months from the

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W.P.(C)No.19020 of 2023

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date of receipt of a certified copy of this judgment, after affording the petitioner Board a reasonable opportunity of being heard.

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If the Competent Authority is unable to decide the question, which relates to the title, in order to decide the entitlement to get compensation on the basis of the materials before it, the only option for him is to refer the matter to the Principal Civil Court of original jurisdiction, under sub-section (4) of Section 3H of the N ational Highways Act, 1956, after following the procedure for deposit as in Rule 4 of the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the competent authority for acquisition of land) Rules, 2019.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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AV/22/7

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W.P.(C)No.19020 of 2023

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PETITIONER EXHIBITS

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`EXHIBIT`	`P 1`	`TRUE COPY OF RELEVANT PAGE OF THE THANATHU` `REGISTER MAINTAINED BY THE DEVASWOM`
`EXHIBIT`	`P 2`	`TRUE COPY OF RELEVANT EXTRACT OF THE BASIC` `TAX REGISTER MAINTAINED BY THE SEVENTH` `RESPONDENT, VILLAGE OFFICER`
`EXHIBIT`	`P 3`	`TRUE COPY OF AWARD NO. 127/15 IN LAC 190/07` `DATED 13/05/2015 ISSUED BY THE 5TH` `RESPONDENT.`
`EXHIBIT`	`P 4`	`TRUE COPY OF PROCEEDINGS NO. A3-849/15 DATED` `09/12/2015 ISSUED BY THE 6TH RESPONDENT.`
`EXHIBIT`	`P 5`	`TRUE COPY OF NOTICE DATED 13/05/09 ISSUED BY` `THE 6TH RESPONDENT TO THE PETITIONER`
`EXHIBIT`	`P 6`	`TRUE COPY OF LETTER NO. NHAI/ PD/ PALAKKAD/T-` `A/ NYH47/LA/3008 DATED 12.6.2009 ISSUED BY` `THE 3RD RESPONDENT TO THE PETITIONER.`
`EXHIBIT`	`P 7`	`TRUE COPY OF LETTER DATED 12/11/2009 ISSUED` `BY THE JUNIOR DEVASWOM OFFICER, CHIRANGARA` `DEVASWOM.`
`EXHIBIT`	`P 8`	`TRUE COPY OF REPORT NO. R. 7111/2008 DATED` `23.1.2017 SUBMITTED BY THE PETITIONER BEFORE` `THE LEARNED OMBUDSMAN FOR TRAVANCORE AND` `COCHIN DEVASWOM BOARDS`
`EXHIBIT`	`P 9`	`TRUE COPY OF ORDER DATED 04.12.2017 IN DBP` `NO. 29/2017 PASSED BY THIS HONOURABLE COURT`
`EXHIBIT`	`P 10`	`TRUE COPY OF LETTER NO. R. 7111/08 DATED` `30.01.2018 SUBMITTED BY THE PETITIONER TO THE` `ACQUISITION OFFICER/ SPECIAL TAHASILDAR, LA` `(NH), THRISSUR.`
`EXHIBIT`	`P 11`	`TRUE COPY OF LETTER NO. R. 7111/08 DATED` `04.03.2021 ISSUED BY THE SPECIAL DEVASWOM` `COMMISSIONER, COCHIN DEVASWOM BOARD TO THE`

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W.P.(C)No.19020 of 2023

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		`ACQUISITION OFFICER/ SPECIAL TAHASILDAR.`
`EXHIBIT`	`P 12`	`TRUE COPY OF NOTICE NO. A4. LAC-190/2007` `DATED 13.10.2021 ISSUED BY THE 6TH RESPONDENT` `TO THE SPECIAL DEVASWOM COMMISSIONER`
`EXHIBIT`	`P 13`	`TRUE COPY OF LETTER NO. A4. LAC-190/07 DATED` `08.12.2021 ISSUED BY THE 6TH RESPONDENT TO` `THE SPECIAL DEVASWOM COMMISSIONER, COCHIN` `DEVASWOM BOARD.`
`EXHIBIT`	`P 14`	`TRUE COPY OF LETTER NO. R. 7111/08 DATED` `13.01.2022 ISSUED BY DEVASWOM COMMISSIONER,` `COCHIN DEVASWOM BOARD TO THE 6TH RESPONDENT.`
`EXHIBIT`	`P 15`	`TRUE COPY OF COMMUNICATION NO. R. 7111/2008` `DATED 11.3.2022 ISSUED BY THE DEVASWOM` `COMMISSIONER, COCHIN DEVASWOM BOARD TO THE` `6TH RESPONDENT.`
`EXHIBIT`	`P 16`	`TRUE COPY OF LETTER NO. A4-LAC-190/07 DATED` `20.4.2022 ISSUED BY THE 6TH RESPONDENT TO THE` `DEVASWOM COMMISSIONER.`
`EXHIBIT`	`P 17`	`TRUE COPY OF LETTER NO. A4-LAC-190/07 DATED` `06.05.2022 ISSUED BY THE 6TH RESPONDENT TO` `THE DEVASWOM COMMISSIONER`
`EXHIBIT`	`P 18`	`TRUE COPY OF LETTER NO. A4-LAC 190/07 DATED` `18.5.2022 ISSUED BY THE 6TH RESPONDENT TO THE` `7TH RESPONDENT.`
`EXHIBIT`	`P 19`	`TRUE COPY OF LETTER NO. R. 7111/2008 DATED` `3.10.2022 SUBMITTED BY THE PETITIONER TO THE` `7TH RESPONDENT.`
`EXHIBIT`	`P 20`	`TRUE COPY OF REPLY DATED 10.11.2022 ALONG` `WITH RELEVANT PAGE OF THE BASIC TAX REGISTER` `COUNTER SIGNED BY THE 7TH RESPONDENT TO THE` `PETITIONER.`
`EXHIBIT`	`P 21`	`TRUE COPY OF ORDER NO. 190/07 DATED` `30.11.2022 ISSUED BY THE 6TH RESPONDENT`

Cochin Devaswom Board v. Union of India

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Cochin Devaswom Board v. Union of India

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