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2019 Supreme(Online)(KER) 40624
HIGH COURT OF KERALA
ALEXANDER THOMAS, J
K RAVI – Appellant
Versus
GOVERNMENT OF INDIA – Respondent
WRIT PETITION (CIVIL) 2247/2019
Confirmation that historical possession and registration do not negate the need for verifying documentation in compensation claims following land acquisition.
Headnote:
Compensation - Land Acquisition - National Highways Act, 1956 - Sections 3D, 3H - Court emphasized the requirement for title documents for compensation claims under the acquisition process.
Fact of the Case:
Petitioner sought a writ compelling authorities to dispense compensation for temple land acquired under the National Highways Act, contesting the insistence on original title deeds, while asserting historical ownership and management by the temple society.
Finding of the Court:
The court found that the competent authority must consider the temple's claims based on existing records while allowing the petitioner to present necessary documents to establish entitlement to compensation.
Issues: Whether the insistence on original title deeds constitutes a barrier to granting compensation for land acquired under the National Highways Act, and the role of the competent authority in verifying rights over the property.
Ratio Decidendi: The court held that the absence of title deeds does not preclude consideration of compensation claims, mandating a review of the circumstances and documents related to the property.
Final Decision: Writ petition disposed of, directing further investigation into the petitioner's claim for compensation.
JUDGMENT
The prayers in the above writ petition (Civil) are as follows:
“i. To issue a writ of mandamus or any other appropriate Writ, order or direction directing the 5th respondent to not to insist on original title deeds in the case of the petitioner in granting compensation;
ii. To pass an order directing the 5th respondent to pass appropriate order granting compensation to the petitioner samithi for the land acquired by the Ext-P5 notification.”
2. Heard Sri.Abhilash S.Francis learned counsel appearing for the petitioner, Sri.Saigi Jacob, Palatty learned Senior Government Pleader appearing for respondents 1 to 5, Smt.I.Sheela Devi learned Standing Counsel for the National Highway Authority of India and learned Senior Government Pleader appearing for respondents R6 (National High Way Authority of India)and R7 (Union of Government)
respectively.
3. The petitioner is stated to be the President of the Valanchiyar Kottam Sree Kottiyoor Nanmattom Kshethram Samrakshana Samithi, Pariyaram Village in Taliparambu, and it is stated that the Sree Kottiyoor Nanmattom Kshethram has been in existence for the last 400 years so and it is a Devi Temple and it is the only place of worship for the Vilakkaithalavan community of Kannur-Kasargod Districts. In the year 2013, the respondents 7 and 6 had issued notification to acquire the land for the expansion of National High Way in terms of provisions contained in National Highways Act, 1956 and the property of the above said temple was also included in the notification issued in that regard under Section 3 (A) of the said National Highway Act, 1956. Further that the land wherein the temple situated has a total area of 31 cents of land and main Sreekovil and its 5 sub-temples are located in Resurvey No.243/3 of Pariyaram Village, Taliparambu Taluk, Kannur Revenue District. Earlier on 07.03.2003 the Revenue Divisional Officer, Thalassery had issued Ext.P3 notice dated 07.03.2003 to the temple authorities intimating that an enquiry under Section 4 of the Malabar Land Registration Act, 1895 into the Jenmam Title of 31 cents of land in R.S.No.97/4 of Pariyaram amsom will be held on 28.04.2003 for the purpose of registration in the name of the jenmi of the said land. It was also intimated that all persons claiming jenmam rights over the said land are required to apply to the Revenue Divisional Officer and appear before him either in person or through a duly authorized agent under Section 3 of the Act on or before 27.04.2003. In response to the Ext.P3 notice, it is stated that the the President of the Kshethra Samrakshana Samithi had submitted a written request before the Revenue Divisional Officer, Thalassery stating that the temple authorities have no clear records on the 31 cents of land in R.S.No.97/4 and that the temple has been established 400 years back and the said samithi had submitted an available with regard to the origin and establishment of the temple before the Revenue Divisional Officer.
4. Accordingly, the Kshethra Samrakshana Samithi had requested to register Valanchiyar Kottam Kottiyoor Nanmadam Kshethram as the jenmi of the said land, as per Ext.P4 request dated 26.04.2003. Accordingly, the request for Jenmam registration under the Malabar Land Registration Act, 1895, was allowed and the owner/Jenmi of the said land is shown as Valanchiyar Kottam Kottiyoor Nanmadam Kshethram, which is reflected in Ext.P2 Basic Tax Register, and later the Central Government had issued notification for acquisition under the National Highway Act, 1956 and as per Ext.P5 notification dated 17.12.2013, the property of the temple coming to an extent of 670 Sq.mtrs (0.670 Ares), roughly come to 1.65 cents has been included.
5. The 5th respondent had issued intimation notice to the petitioner, stating that the property of the temple has been acquired by the 7th respondent Central Government by Ext.P5 notification and the property is now vested with the Central Government and the objections of the petitioner agai
