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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S.KARNAN, J.
Subramaniam and Ors. – Petitioner
Vs.
The Union of India, Rep. by the Secretary to Government, Ministry of Environment and Forest and Ors. – Respondents
W.P.No.32005 of 2007 & M.P.Nos.1 of 2007 & 1 of 2014
Decided On : 01/09/2015
Land Acquisition - Fishing Harbour - Land Acquisition Act 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 - Section 9(3), 10, 17, 24(2) - The court discussed the acquisition of land for the construction of a fishing harbour, the legal procedures followed, and the entitlement of the petitioners to relief under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.
Fact of the Case:
The petitioners, owners of a coconut garden, were notified of the acquisition of their land for the construction of a fishing harbour. They contested the acquisition, claiming that physical possession of the land was not taken and compensation was not paid, rendering the acquisition proceedings lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.
Finding of the Court:
The court found that the land had been acquired following legal formalities, including notification and compensation deposit. It dismissed the petitioners' claim for relief under Section 24(2) of the 2013 Act, stating that the acquisition was for a public purpose and of paramount importance.
Issues: The main issues were whether the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation and non-taking of physical possession, and whether the acquisition for the fishing harbour was justified.
Ratio Decidendi: The court held that the acquisition proceedings had not lapsed under Section 24(2) of the 2013 Act as the land had been acquired following legal formalities and for a public purpose. The court also emphasized the importance of the fishing harbour project for the welfare of the fishermen.
Final Decision: The court dismissed the writ petition, stating that the petitioners were not entitled to relief under Section 24(2) of the 2013 Act and that the acquisition for the fishing harbour was justified.
The petitioners submit that they are the owners of Re-survey Number 445 of panikulam Village in Vilavancode Taluk in Kanyakumari District having an extent of about 5 acres of land. It is a coconut garden. The petitioners are in separate possession and enjoyment of their respective portions allotted to them under partition effected among the family members. The petitioners are paying proportionate land tax to the Government. The District Backward Welfare Officer sent a communication to first petitioner and second and fourth petitioners dated 30.05.2006, asking them to attend the meeting convened by the District Collector for acquiring and fixing the compensation for the lands proposed for the construction of Thengaipattanam fishing harbour by direct discussion on 06.06.2006 at 5.30 p.m., in the Collectorate, Kanyakumari District. The first petitioner attended the meeting along with other two petitioners. Their talks ended in failure and the matter ended there. Suddenly after one year and 3 months the first petitioner and other petitioners received Notice under Section 9(3) and 10 of the Land Acquisition Act stating that the Government have proposed to take the lands mentioned in the schedule under the Act 1 of 1894 (India) for the use of and they have been required to appear on 28.09.2007 at 11.00 a.m., at Panikulam Village Office before the Revenue Divisional Officer, Padmanabhapuram and to give a statement signed by them or through authorized agent about the nature of their interest in the land and the amount of compensation for the land. The notices were served on them on 14.09.2007. Hence, the petitioners have filed the above writ petition.
2. The seventh respondent has filed a counter affidavit on behalf of him and on behalf of the respondents 1 to 6 and 8 and resisted the above writ petition. The seventh respondent submits that Kanyakumari District with a coastal length of 72 km has 42 fishing villages located all along the coast. Fish landings are taking place at 45 places, out of which, 3 are major (Chinnamuttom, Colachel and Thengaipattanam) and 42 are minor landing centres. The sea of Kanyakumari District is generally rough through out the year. The fishermen of the District have therefore to face the rough sea throughout the year to eke out their livelihood. As regards the infrastructure facilities, the seventh respondent submits that one fishery harbour has been constructed and functioning at Chinnamuttom, near Kanyakumari Town under the Centrally Sponsored Scheme providing landing and berthing facilities for about 250 Mechanised fishing vessels. In the absence of any other fishing harbour facilities along the coast, nearly 1500 Mechanized fishing vessels belonging to the District Migrate to Kerala, Karnataka, Maharashtra and as far as Gujarat coasts to earn their livelihood. In that process the fishermen face a lot of problems leading to clashes, damages to boats, nets and other properties at the alien fishing centres. It has become a regular problem every year when they migrate to other states. Some of the boats also operate from Rameshwaram and Mandapam fishing centres. When the fishermen return to their native villages during off-season they used to anchor the boats in the open sea and due to heavy waves and currents, the mechanized fishing vessels are getting damaged. Catamarans and Vallams only are operating from Kanyakumari Coast as these could be hauled up on shore after every fishing trip.
3. The seventh respondent further submits that Kanyakumari District has a continental shelf of 8596 sq.km with 5 lakh Demersal and 2 lakh pelagic fishery resources. About 20% of the fishery resources lie within 10 fathoms of depth range, 50% of them available between 10-50 fathoms and the remaining 30% of fishery resources lies in the depth range of 50-100 fathoms. Wadge Bank lies near the southernmost part of the Indian penisula between Lat.7o and 8o North and Long. 76o and 78o East having an area of about 12505 s
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