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2020 Supreme(Online)(KER) 42620

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942 WP(C).No.14898 OF 2020(S)
PETITIONERS:
1 V.P.DENNY AGED 51 YEARS,S/O.V.V.PAULOSE, VALIYAVEETIL(H), CHETTIBHAGAM, VARAPPUZHA-683 517.
2 UTHAMAN AGED 41 YEARS, S/O.VIJAYAN, ESWARAKRIPA, KANNANCODE, VELLAI KOVALAM.P.O., THIRUVANANTHAPURAM-695 527.
3 SAJI KUMAR, AGED 42 YEARS, S/O.APPU, KANNASHERI, KUZHIYAMVILA, VELLAI KOVALAM P.O., THIRUVANANTHAPURAM-695 527.
4 LATHA.S.
AGED 53 YEARS, D/O.SAVITHRI, SUNILA, KANNANCODE, VELLAI KOVALAM P.O., THIRUVANANTHAPURAM-695 527.
BY ADVS.
SRI.T.R.S.KUMAR SMT.DEENA JOSEPH SHRI.MITHUN C THOMAS SRI.T.K.SHAJITH SMT.DEEPA R MENON SRI.K.RAJAN (MUHAMMA)
RESPONDENTS:
1 UNION OF INDIA, REP. BY ITS SECRETARY TO THE MINISTRY OF RURAL DEVELOPMENT, CENTRAL SECRETARIAT, NEW DELHI-110 002.
2 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 004.
3 THE CHIEF ENGINEER VYDHYUTHI BHAVAN, KSEB, THIRUVANANTHAPURAM, PIN-695 004.
4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 004.
5 ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 004.
6 ASSISTANT EXECUTIVE ENGINEER, KSEB, LINE CONSTRUCTION, SUB DIVISION, BALARAMAPURAM-695 501.
7 THE MANAGING DIRECTOR, VIZHINJAM INTERNATIONAL SEAPORT, VIPANCHIKA TOWER, THYKADU, THIRUVANANTHAPURAM-695 014.
8 THE POWER GRID CORPORATION OF INDIA LTD., B-9, QUATAB INSTITUTIONAL AREA, KATWARIASARL, NEW DELHI-110 016, REP. BY ITS MANAGING DIRECTOR.
SRI.SURIN GEORGE IPE SR.GP FOR R2,R4 AND R5 SRI.P.VIJAYAKUMAR, ASG FOR R1 SRI.K.M.SATHYANATHA MENON, SC FOR R3 AND R6 SRI.VIPIN P. VARGHESE, SC FOR R7 SRI.MILLU DANDAPANI, SC FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
SRI.SURIN GEORGE IPE SR.GP FOR R2,R4 AND R5 SRI.P.VIJAYAKUMAR, ASG FOR R1 SRI.K.M.SATHYANATHA MENON, SC FOR R3 AND R6 SRI.VIPIN P. VARGHESE, SC FOR R7 SRI.MILLU DANDAPANI, SC FOR R8

Affected landowners are entitled to compensation under the LARR Act even in the absence of formal land acquisition proceedings.

Headnote:
Compensation - Land Acquisition - LARR Act 2013 - Sections 26-31, 105, 113 - The court emphasized the legal obligation to provide fair compensation for land acquired for public purposes under the LARR Act, interpreting its provisions to ensure the landowners' rights are upheld.
Fact of the Case:

Petitioners, landowners affected by the installation of a 220 KV power line for a project, sought compensation under the LARR Act, claiming entitlement due to inadequate compensation measures from respondents.
Finding of the Court:

The court found that the petitioners were entitled to compensation as outlined in the LARR Act and ruled that failure to determine such compensation violated their constitutional rights.
Issues: Whether the petitioners are entitled to compensation and rehabilitation under the LARR Act for lands affected by power line installations despite claims of no formal land acquisition.
Ratio Decidendi: The court established that even without formal land acquisition, affected landowners are entitled to compensation under the LARR Act, interpreting statutory provisions in favor of the landowners.
Final Decision: The writ petition is dismissed, upholding the need for statutory compensation determination.

JUDGMENT

Dated this the 8th day of September, 2020

S.Manikumar, C.J.

Instant public interest writ petition is filed for the following reliefs:

i) “Issue a writ of mandamus or any other writ or direction, directing the respondents to grant compensation, rehabilitation and resettlement package, in accordance with LARR Act, 2013 for the land owners, whose properties are proposed to be used for the installations of 220KV multi circuit line from Kattakada to Balaramapuram for the Vizhinjam International Sea Port Air Port Limited ('Vizhinjam Project').

ii) Issue a writ of mandamus or direction, directing the respondents to grant compensation, rehabilitation and resettlement package, in accordance with LARR Act, 2013 for the land owners, whose properties are being used or enjoyed for the installation of 220 KV lines in various projects such as Kudankulam Power Highway Project (400 KV Line), "Madakkathara to Kochi (Kochi Thrissur Electricity Project expansion [KTEP] and other projects, being carried out by respondents 3 and 8, in the State of Kerala.”

2. Short facts leading to the filing of the writ petition are that, 1^st petitioner is a public spirited person and a social worker, 2^nd petitioner is a taxi driver, 3^rd petitioner is a street vendor, and 4^th petitioner is a housewife. Petitioners 2 to 4 are the absolute owners, title holders and in possession of landed properties with residential houses and commercial establishments thereon in Vizhinjam and Venganoor Villages, Neyyattinkara Taluk, Thiruvananthapuram District. They are the residents of Venganoor Taluk and their properties are needed for installing 220 KV line, for the purpose of proposed Vizhinjam International Seaport project. By virtue of Exhibits-P2 and P3, land owners are entitled to get compensation for their property, in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). However, Exhibits-P4 and P5 show otherwise that it needs more clarification in determining the compensation for poor land owners. Welfare State is bound to follow the ex-proprietary legislation. Petitioners apprehend that constitutional right will be deprived without authority of law.

3. Petitioners have further stated that the land owners, whose properties have been enjoyed or used for installing electric lines, under the provisions of the Electricity Act, 2003 , are entitled to compensation, in accordance with the LARR Act. However, the respondents have failed to grant statutory compensation in various projects such as Kudankulam Power Highway Project (400KV Line), Madakkathara to Kochi (Kochi Thrissur Electricity Project Expansion [KTEP]) and other projects, being carried out by respondents 3 & 8 in the State of Kerala. Determination of compensation to the land owners would affect other land owners in the State. LARR Act is a revolutionary legislation for land owners and activities done under thirteen enactments would come under the purview of land acquisition. Hence, this writ petition is filed.

4. In support of the reliefs sought for, the petitioners have, inter alia, raised the following grounds:

A. Right to property is not only a Constitutional right, but also a human right. Land Acquisition Act, 1961, is an ex-proprietary legislation which should be strictly construed. By virtue of Exts.P2 and P3, petitioners are entitled for compensation, in accordance with Sections 26 , 27, 28, 29 & 30, Schedules I, II, & III of LARR Act, 2013. The Parliament has made revolutionary change in land acquisition legislation, extending the beneficial provisions to the land owners, whose properties are being taken away for public purpose. If there is any violation of the statute, it would amount to violation of Articles 14, 21 & 300A of the Constitution.

B. By virtue of Section 113 of the LARR Act, 2013, Central Government has issued Exhibits P2 and P3, to remove the difficulties and Exhibits P2 and P3 can be read with Sections 105

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2020 Supreme(Online)(KER) 42620

Affected landowners are entitled to compensation under the LARR Act even in the absence of formal land acquisition proceedings.

Cases Referred (1)