2011 Supreme(Ker) 236
High Court of Kerala
T.R. RAMACHANDRAN NAIR
Messrs. Chembra Peak Estates Limited
Versus
State Of Kerala & Others
W.P.(C) Nos.3022 of 2008-I, 22552 of 2007-I & 32508 of 2007-T
Decided on : 10-03-2011
For the Petitioner:K. Ramakumar, Sr., T. Ramprasad Unni, Saritha David Chunkath, Manjeri Sunderraj, B. Premnath (E), K.I. Sageer, Advocates.
For the Respondents:M.K. Damodaran, Sr., P. Vijayamohanan, K.V. Manoj Kumar, Government Pleader, T.P.M. Ibrahim Khan, Asst. S.G.. of India, K. Jayakumar, Sr., B. Unnikrishnan, Advocates.
Headnote:
Land Acquisition Act 1894 - Section. 4 - Publication of preliminary notification and powers of officers thereupon - The challenge is against acquisition of a coffee estate, called 'Wariyat' estate, of which the petitioner is the owner and petition is filed by the leader of a trade union representing the workers of the estate - Held, How and in what manner the entire extent will have to be utilised, are for the authorities concerned to consider and this Court cannot suggest any other alternative method with regard to the utility of the land. It is for the Government to take a decision and it is not for the Court to give any finding in that behalf - Subject to the observations, the Government will consider the effect and get the advice of the State Biodiversity Board and will finalise the matter accordingly - The same will be done expeditiously, and at any rate, within a period of two months from the date of receipt of a copy of this judgment - Therefore, the writ petitions are dismissed
1. These writ petitions concern a common issue and therefore they are considered together for disposal.
2. The challenge is against acquisition of a coffee estate, called 'Wariyat' estate, of which the petitioner in W.P.(C) No.3022/2008 is the owner. W.P.(C) No. 22552/2007 is filed by the leader of a trade union representing the workers of the estate and W.P.(C) No.32508/2007 is filed by another trade union leader. W.P.(C) No.3022/2008 is taken as the leading case and the pleadings and exhibits are mentioned and discussed as available therein.
3. The fourth respondent in W.P.(C) No.3022/2008 is the Kerala Industrial Infrastructure Development Corporation (shortly known as "KINFRA") who is the requisitioning authority. The extent of land involved is 392 acres which belongs to the petitioner company. The purpose of acquisition is for establishing a Mega Agro Food Park in Wayanad district which is a project being funded by the Government of India. It envisages setting up of basic infrastructure necessary for industries that could be set up by Private entrepreneurs and/or Governmental agencies which will be engaged in the processing of food products.
4. Ext.P2 is the proposal forwarded by the KINFRA to the Government dated 28.9.2006 wherein a request is made to grant administrative sanction for acquiring the estate in question. The purpose shown is "setting up of the proposed Mega Agro Food Park, Wayanad."
5. The case of the petitioner, shortly, is the following: It is pointed out that several other suitable lands are available in Wayanad district which could be utilised for the purpose. A well run coffee plantation need not be acquired. It is further pointed out that the purpose is extremely malafide. It is one of the best coffee estates in the whole of South India. Administrative sanction was granted by the Government without taking into consideration various aspects and there is total non application of mind. The company is 74 years old and is listed in the Madras and Bangalore Stock Exchanges. It has got 1200 shareholders. 350 acres out of 392 acres is planted with Robusta Coffee, 10 acres with Arecanut and 5 acres with cardamom. The split up of the number of plants are as follows:
a. Coffee : 1,40,000 plants
b. Cardamom : 2,000 plants
c. Arecanut : 4,000 plants
d. Pepper : 3,000 plants
e. Shade trees More than 5,000 Nos.
It is pointed out that the shade trees include rose wood. Muttil river flows by the rear boundary of the estate. It is also pointed out that the shade trees and the other planted trees have immensely contributed to the greenery that is available to the area.
6. It is the case of the petitioner that the estate is one of the best in the whole of State going by the productivity of coffee per acre, as the average productivity of Wariyat Coffee Estate is 1000 kgs. per acre and in other places it is around 300 kgs. per acre. There are 62 permanent workers, 30 temporary workers and it employs about 400 workers during the season. Thus, nearly 1500 persons are directly depending upon the estate for their livelihood. The petitioner company contributes large amounts to the State exchequer by way of agricultural income tax, sales tax, plantation tax, building tax, etc.
7. One of the contentions raised by the petitioner is that the park only offers the basic infrastructure for setting up industries by Private Entrepreneurs and Governmental agencies. But as a first step the entire plantation will have to be decimated in anticipation of such industries and there are no materials available with regard to the future projects and therefore the entire exercise may become futile. In this context, it is further pointed out that the KINFRA has proposed to acquire 67.19 acres of land in Kalpetta Village for expansion of the existing KINFRA Small Industries Park in Wayanad District and the Government permitted the same as per G.O.(Rt) No.901/2005/ID dated 7.9.2005. After the steps for acquisition advanced much, it