- (1.)The above writ petition is filed seeking to declare that the action on the part of the respondents in acquiring the properties of the petitioner for the 'Kottayam Corridor Project' without following due process of law and without payment of compensation amount is arbitrary, illegal and violative of the fundamental rights and constitutional rights guaranteed to the petitioner under Articles 14,19,21 and 300A of the constitution of India and for other consequential reliefs.
(2.)Brief facts necessary for the disposal of the writ petition are as follows: Petitioners are absolute owners in possession and enjoyment of different extents of land in Nattakam and Panachikkadu Village in Kottayam District, as is evident from Exts.P1 to P4. The 1st respondent formulated a project by the name 'Kottayam Development Corridor' as part of a larger proposal for the development and expansion of the town. The 1st respondent after realizing that such project would require full co-operation and voluntary surrender by the land owners, called for a meeting on 8/10/2011 and on the basis of the promises and assurances given by the respondents that their demand for conversion of the remaining extent of land after the surrender, would be accepted, the petitioners granted permission for effecting construction in their property and surrendered the following extent of property: Petitioners Total extent Surrendered Survey No. of land extent of (ares) land (ares) Petitioner No.1 33.53 10.27 232/3-3 Petitioner No.1 44.94 6.12 233/1-5 Petitioner No.2 63.55 31.21 231/3-6,3- 5,3-7 Petitioner No.2 29.12 17.46 231/3-3 By Ext.P5 minutes of the meeting which was attended by the Minister and the other officials wherein it was reiterated that the land owners surrendering the lands will be permitted to convert an equal extent of their remaining lands and that exemption will be granted for effecting changes in the BTR records to enable change in the zoning for carrying out the project. While so, Ext.P6 order was issued by the 1st respondent stating that those land owners who have surrendered their whole extent of land will be allotted with Government land to an extent of 50% of the total surrendered land and such of the land owners who have surrendered a portion of their holdings will be allowed to convert paddy land (excluding wetland)to an extent of 50% of the land which they have surrendered to State Government. Petitioners submit that a conjoint reading of Exts.P5 and P6 would clearly denote that respondent No.1 reneged on its initial promise to the landowners and instead of allowing them to convert an equal extent of the surrendered property for construction, the new order stipulated that the landowners including the petitioners herein would only be allowed to convert 50% of the surrendered land for construction purposes. Despite the unilateral modification, petitioners decided not to raise any objection against Ext.P6. Even thereafter, no action was taken from the side of the 1st respondent. Consequently, one of the affected landowners approached this Court by filing WP(C) No.33882/2015, which was disposed of as per Ext.P7 judgment directing the Government to implement Ext.P6 order. Even after a direction was issued as per Ext.P7, no steps were taken to implement the same and the petitioners therein were constrained to approach this Court by filing CCC No.2135/2016. While contempt of court proceeding was pending, the 1st respondent issued Ext.P8 order holding that change of character of remaining lands of persons who have surrendered portions of their lands for road widening cannot be permitted as the same will be in violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It was further ordered as per Ext P8 that the second condition which stipulates that persons who have surrendered the land will be provided with alternate land having an extent of 50% of the surrendered land is not feasible since there are no sufficient lands available for giving such alternate land and that it may also lead to arbitrary exercise of Government Largesse and thereupon decided that the land owners who have surrendered land for 'Kottayam Corridor' project will be compensated for the extent of land that they have actually surrendered at the rate of market value prevalent at the time of surrendering of their land and land value will be fixed as per the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as LARR Act 2013). Though petitioners 2,3 and 4 have filed WPC No. 33117/2019 along with some other aggrieved persons seeking implementation of Ext.P6, later they decided not to press for the reliefs sought for in the said writ petition and as per Ext.P10 order, they were deleted from the party array. Petitioners submit that action on the part of the respondents in taking over possession of their property without taking recourse to acquisition proceedings or following due process of law is arbitrary and violative of the constitutional rights of the petitioners guaranteed under Article 300A of the Constitution. In the said circumstances, the petitioners have approached this Court.
(3.)A detailed statement has been filed by the 1st respondent wherein it is admitted that the petitioners have handed over lands for the Kottayam Corridor Project based on the G.O. (Rt)No.5925/2015/RD dtd. 13/11/2015, on condition that those who handover land for the Kottayam Corridor Project will be allowed to reclaim paddy land (except wetland) equal to 50% of the extent of land handed over to Government and those who handover their whole extent of land will be given land equal to 50% of the land transferred to Government but as per the G.O.(Rt.)4064/2018/RD dtd. 4/10/2018, the benefit earlier granted was cancelled and those persons who handed over land for Kottayam Corridor Project will be compensated for the exact extent of land they have actually surrendered at the rate of Market Value which was prevalent at the time of surrendering of their land by fixing land value as per LARR Act, 2013. It is also stated that in the case of the petitioners who have surrendered large extents of their land for the Kottayam Corridor Project, the benefit of G.O.(Rt.)4064/2018/RD dtd. 04/10/2018 will be made applicable and that those persons who handed over land to Kottayam Corridor Project would be compensated for the exact extent of land they have actually surrendered at the rate of Market Value which was prevalent at the time of surrendering of their land by fixing land value as per LARR Act, 2013 and the same will be done on the basis of negotiation or on payment the value of land at the time of taking possession of the land for the project.