Point of Law - When a District Magistrate duly appointed under Section 20 of the Code of Criminal Procedure exercises his powers as Head of District Executive, all Government Departments are bound by such decision and no Government Department can raise objections to such exercise of power.

JUDGMENT :

The petitioner, who is a Contractor and who entered into agreement with the 6th respondent to carry out an agreed work, is aggrieved by the refusal of the respondents in making payment on his Bills.

2. On 02.03.2020, the petitioner executed Ext.P5 agreement with the 6th respondent-District Nirmithi Kendra for removal, segregation and transportation of silt and debris accumulated on the Periyar River banks. The silt/debris was intended for sale by the 6th respondent. The petitioner procured machinery and installed plant. About 150 loads of sand were processed and made ready for sale. The intention was to sell sand to the State and credit the sale proceeds to the River Management Fund (RMF).

3. The 6th respondent dropped the project in the midway. The petitioner requested to pay the amounts for the work already carried out, but no payment was made. The petitioner states that he has made huge investments after entering into contract, to carry out the work. Machinery was procured and installed, taking advances from private financial sources. Unless the petitioner is permitted to complete the work and unless the petitioner is paid for the work, he will be financially ruined.

4. The 3rd respondent resisted the writ petition. The 3rd respondent stated that the Government empowered all District Collectors to remove the debris accumulated in the rivers and its shores in the devastating flood in 2018 and 2019 vide order G.O.(RT) No.3880/2019/RD dated 24.12.2019. The District Collector, Idukki authorised District Nirmithi Kendra to remove the sand and debris accumulated in the Periyar and its various tributaries flowing through Idukki District. It seems that Nirmithi Kendra has given sub contract to the petitioner for the above works.

5. Later, Project Engineer of Idukki District Nirmithi Kendra stated in a meeting convened on 11.05.2020 by the District Collector that the work of removal of sand and debris is in progress and about hundred loads of sand is ready for sale which has been accumulated due to the flood in the area of Thattekkani of Kanjikuzhy Village. The Divisional Forest Officer, Munnar made an objection to this work saying that the area from which the debris has been removed belongs to Forest Department. He stated that the sand which is deposited, has come from the Periyar river and the land as well as the Periyar river flowing along the boundary of land are part of reserve forest and the sand which is a forest produce coming from the reserve forest, cannot be sold. So, the work was abruptly stopped.

6. In a meeting presided by Officer on Special Duty for Chief Secretary, the following decisions were taken:

(a) The Forest Department is the authority to remove the sand from the property of Sri.Jolly Paily as the 0.9106 hectares of land in Block 47 of Kanjikuzhy Village allotted to the petitioner on 22.08.2015 as per the Kerala Land Assignment (Regularisation of Occupation of Forest land prior to 01.01.1977) (Special Rules 1993) comes under reserve forest status.

(b) The Revenue Department shall verify whether the land, where the debris accumulated is in the land to which Patta was issued to Jolly Paily on 22.08.2015. This shall be done within a period of two weeks.

(c) On demarcation of the land by Revenue Department, if it is confirmed that the sand is accumulated in the Patta land, the Forest Department should take steps to remove the sand.

(d) The Revenue Department should verify the details of land to which Pattas were issued so far, out of 180 hectares of land approved by the Union Ministry of Forest etc. The Tahsildar, Idukki, vide its letter No.D2/11018/18 dated 23.02.2021, has informed that debris/sand was accumulated in the patta property of the petitioner. But, the Forest Department objected the authenticity of the survey.

7. The District Nirmithi Kendra had given sub contract to the petitioner to remove the sand and prepare it to ready for sale and the work has been started. The Forest Department objected this an