Point of Law: Survey includes all operations incidental to determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a resurvey.

JUDGMENT :

P.G. AJITHKUMAR, J.

1. The petitioner, Cochin Devaswom Board, is aggrieved by Ext.P14 order of the 3rd respondent-District Collector, Ernakulam. As per the said order the claim of the petitioner for compensation in relation to 11.364 Ares of land comprised in re-survey No. 120/13 of Cheranalloor Village, which was acquired for the construction of four line road connectivity to international Container Transshipment Terminal (ICTT), Vallapadom was declined. Further, the correction carried out in the Settlement Register as per the order No. DSA.32/06 dated 19.04.2006 was cancelled in Ext.P14. The petitioner therefore filed this Writ Petition invoking the provisions of Article 226 of the Constitution of India seeking a writ of certiorari quashing Ext.P14. The petitioner also seeks a declaration that it is entitled to get compensation for the said 11.364 Ares of land and an order directing respondents 2 to 8 to make payment of compensation.

2. The 3rd respondent has filed a statement dated 26.10.2019 explaining the facts and details of the proceedings culminating in Ext.P14 order. The 9th respondent-Cheranalloor Grama Panchayat has filed a counter affidavit claiming that the property in question, which is indisputably a road, vested with the Panchayat by virtue of Section 169(1) of the Kerala Panchayat Raj Act, 1994. But the 9th respondent conceded that the said road was not entered in the asset register of the Panchayat.

3. The petitioner has filed a reply affidavit essentially to controvert the claim of the 9th respondent that the property in dispute has vested in the Panchayat. Paragraph No. 3 in the reply affidavit is extracted below:

“3. It is submitted that the allegations in paragraph 3 of the counter affidavit that there was a public road through the property in Sy. No. 120/5 of Cheranalloor village and the general public were using the road as a public road is absolutely incorrect and the said statement made by the 9th respondent is without any basis and materials. This deponent stoutly denies the said contention raised in paragraph 3 of the counter affidavit. The further allegation in paragraph 3 of the counter affidavit that the alleged public road vested with the 9th respondent under Section 169(1) of the Kerala Panchayat Raj Act, 1994 is absolutely incorrect. The Secretary of the Grama Panchayat who participated in the hearing conducted by the Deputy Collector (Land Acquisition) and Deputy Collector (Land Records) categorically admitted that the Panchayath has no right over the property in question and the registers maintained by the Panchayath would not show that the property belonged to the Panchayath. The aforesaid contention was taken by the 9th respondent Grama Panchayath in terms of Exhibit P14 impugned order. The allegation that the Panchayath was maintaining the road and at the time of acquisition respondents 2 and 3 have taken possession of a portion of the public road and constructed the ICTT Road is also absolutely incorrect. It is submitted that the 9th respondent issued a communication dated 06.05.2017 to the Devaswom Officer, Chittoor seeking for issuing a no objection certificate for widening the road situates on the western side of the temple. In this regard true copy of the aforementioned letter dated 06.05.2017 issued by the 9th respondent to the Devaswom Officer, Chittoor is produced herewith and marked as Exhibit P20. It is submitted that the dictum laid down by this Honourable Court in the decision reported in 2015 (2) KLT 768 does not apply to the facts involved in this writ petition.”

4. Heard the learned Standing Counsel for the Cochin Devaswom Board, the learned Assistant Solicitor general of India, the learned Special Government Pleader, the learned Standing Counsel for National Highway Authority of India and the learned Standing Counsel for the 9th respondent-Cheranalloor Grama Panchayat.

5. An extent of 51.76 Hectares of land stretching Mulavukad, Kadamakkudy, Cherannoor and Thrikkakara