Emergency authorities are mandated to compensate for property used during crises, regardless of compliance with construction regulations, affirming property rights under constitutional law.

JUDGMENT :

N.NAGARESH, J.

The petitioner, which is an educational agency running a Medical College and Dental College, has filed this writ petition seeking to quash Ext.P23 and to direct the respondents to determine the compensation payable to the petitioner for taking over their Hospital, Hostel, the equipments and instruments, under the provisions of the Disaster Management Act, 2005 and to disburse the compensation amounts forthwith.

2. The petitioner states that by Ext.P1 order dated 16.03.2020, the petitioner was directed to handover the petitioner's Medical College with all existing human and material resources to the DMO, Thiruvananthapuram. Ext.P1 was issued under Sections 26 , 30 and 34 of the Disaster Management Act, 2005. The Secretary to Cherunniyoor Grama Panchayat required the petitioner to handover keys of the rooms on the 6^th floor and to provide three cleaning staff maintaining Covid protocol, as per Ext.P2. By Ext.P3, the petitioner was required to repair the lift. By Ext.P4, the DMO required the petitioner to handover the entire facility of the College. The petitioner co-operated.

3. No rent or compensation was paid to the petitioner. The petitioner therefore computed the compensation/rent based on the Technical Circular dated 25.05.2021 issued by the PWD and submitted Ext.P18 representation dated 10.08.2021. Detailed calculation of compensation was attached. About Rs.46 Crores is due to the petitioner. Thereafter, the District Collector directed to close down the Covid First Line and Second Line Treatment Centres, as per Ext.P20 order dated 05.11.2021. Thereafter, the 4^th respondent conducted fumigation in the Hospital and the Hospital was handed over to the petitioner as can be seen from Ext.P21 communication dated 12.11.2021. The 2^nd respondent on 10.01.2023 has passed Ext.P23 order rejecting the claims of the petitioner and holding that the petitioner is not entitled to any compensation as the building constructed for the Medical College is unauthorised. Ext.P23 order is under challenge.

4. The 2^nd respondent resisted the writ petition. The 2^nd respondent stated that pursuant to the interim order dated 19.06.2023 of this Court, the Rent Committee meeting was held on 30.06.2023. A joint inspection was conducted. The Panchayat authorities reported that the Women's Hostel building of the Dental College was constructed in violation of CRZ Regulations. The Rent Committee fixed the rent for the portion of the building which was taken over for Covid response activities at Rs.1,06,19,881.44 as per Annexure R2(c). The 2^nd respondent stated that all the equipments taken over by the respondents are in working condition. The petitioner is not entitled to any relief, urged the 2^nd respondent.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 6.

6. It is not disputed that the land, building and facilities of the petitioner were taken over by the respondents invoking the provisions of the Disaster Management Act. The dispute is regarding the eligibility of the petitioner to receive compensation. By Ext.P23 order, the District Collector has declined compensation to the petitioner.

7. As regards rent for the floor area and rent for rooms, the District Collector has concluded that as the portion of the building used by the respondents was unauthorised construction, rent for floor area and rooms cannot be sanctioned. As regards rent for medical equipments, the District Collector has stated that in spite of request, the petitioner has not come forward to take over the equipments. There is no provision f