Kerala High Court
Bpcl Land Acquisition Action Council vs The Special Tahasildar (Kochi ... on 26 November, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
WP(C).No. 10090 of 2018
PETITIONER:
BPCL LAND ACQUISITION ACTION COUNCIL,
REPRESENTED BY MR.CM GEORGE, CHAIRMAN,
CHALIKKARA NEERMEL AREA, VARIKOLI,
PUTHENCRUZ ERNAKULAM (DISTRICT),
PIN -682 308.
BY ADV.SRI.T.K.RAJESHKUMAR
RESPONDENT(S):
1. THE SPECIAL TAHASILDAR (KOCHI REFINERY),
PIN-682 011.
2. THE GENERAL MANAGER (PROJECTS),
BHARAT PETROLEUM CORPORATION LIMITED (KR),
AMBALAMUGAL - 682 302.
3. THE DISTRICT COLLECTOR,
COLLECTRATE BUILDING,
ERNAKULAM DISTRICT -682 030.
R1 & R2 BY SRI.M.GOPIKRISHNAN NAMBIAR
R3 BY GOVERNMENT PLEADER SMT.VINITHA.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-04-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
11/4/2018
WP(C).No. 10090 of 2018 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MINUTES OF THE DISTRICT LAND
PURCHASING COMMITTEE DATED 26.11.2013
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE VALID RECEIPT
NO.C4/171810/2018/TDC ERNAKULAM ISSUED BY THE
3RD RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
11/4/2018
SHAJI P.CHALY, J.
========================
W.P.(C) No.10090 of 2018
========================
Dated this the 9th day of April 2018
JUDGMENT
The members of the petitioner association are persons, who are prepared to surrender their land in accordance with the acquisition sought for by the BPCL Limited under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. According to the petitioner, the members have submitted application before the District Collector seeking permission to produce documents in respect of their ownership, value of land etc.etc in order to arrive at a fair conclusion with respect to the price of the property. Ext.P2 is the representation submitted accordingly, which is pending consideration before the 3 rd respondent. Petitioner seeks direction for early disposal of the same.
2. Having regard to the facts and circumstances of the case, and hearing learned Counsel for the petitioner and the learned Government Pleader and the learned Standing Counsel W.P.(C) No.10090 of 2018 2 appearing for respondents 1 and 2, there will be a direction to the 3rd respondent to consider Ext.P2 in accordance with law; and attain finality to the same at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment, after ensuring participation of the members of the petitioner or any other affected persons.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE jm/ \\ True copy \\ PA to Judge