Kerala High Court
A.M.Rahim A.K.A Ragam Rahim vs The State Of Kerala on 28 November, 2019
Author: S.Manikumar
Bench: S.Manikumar, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941
WP(C).No.29484 OF 2019(S)
PETITIONER:
A.M.RAHIM A.K.A RAGAM RAHIM
AGED 55 YEARS
S/O. MUHAMMED HANEEFA, SECRETARY, VALLAKKADAVU PALAM
SAMRKSHANA SAMITHI, T.C. 35/968, BHEEMA MANZIL, BILAL
NAGAR, VALLAKKADAVU, THIRUVANANTHAPURAM - 695 008
BY ADVS.
SRI.D.JAYAKRISHNAN
SRI.RAGHUL SUDHEESH
SMT.J.LAKSHMI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, TRIVANDRUM - 695 001
2 THE ADDITIONAL CHIEF SECRETARY
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
3 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM -
695 043
4 THE CHIEF ENGINEER
PWD (OPERATIONS), DRIQ BOARD, PUBLIC OFFICE
BUILDINGS, VIKAS BHAVAN, P.O. THIRUVANANTHAPURAM -
695 033
5 THE CHIEF ENGINEER
PWD ROADS AND BRIDGES PUBLIC OFFICE BUILDINGS, VIKAS
BHAVAN P.O, THIRUVANANTHAPURAM - 695 033
6 THE SUPERINTENDENT ENGINEER
OFFICE OF THE SUPERINTENDENT ENGINEER, PWD ROADS AND
BRIDGES, SOUTH CIRCLE, NANDAVANAM ROAD,
THIRUVANANTHAPURAM - 695 034
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W.P.(C).No.29484/2019
7 THE EXECUTIVE ENGINEER
PWD ROADS AND BRIDGES DIVISION, PMG JUNCTION,
THIRUVANANTHAPURAM - 695 033
8 THE LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC
OFFICE BUILDINGS, THIRUVANANTHAPURAM - 695 033
9 THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM - 695 014
R1-9 BY GOVERNMENT PLEADER
SR.GP SRI.A.J.VARGHESE FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.29484/2019
JUDGMENT
Dated this the 28th day of November 2019 S.MANIKUMAR, C.J.
Instant Public Interest Litigation has been filed for a direction to the respondents to stop all the heavy vehicle traffic through Vallakkadavu Bridge, Trivandrum. On 5.11.2019, we passed the following order:
"The material on record discloses that W.P.(C). No.5221/2018 has been filed for a direction to the State represented by the Chief Secretary to complete the construction of Vallakkadavu Bridge across T.S.Canal on the Vallakkadavu- Valiyathura road in a time bound manner. Taking note of the submissions of the learned counsel for the petitioner that there is a possibility of collapse of the bridge and also of the fact that Land Acquisition proceedings for construction of a new bridge though initiated, had elapsed, and again proceedings is initiated under the Land Acquisition Act, 2013 a Hon'ble Division Bench of this Court vide judgment dated 22.03.2018 ordered thus:-
"5. Evidently, therefore, the Government is seized of the requirement of construction of new bridge at Vallakadavu. The Government is also conscious of the need for regulating traffic and rehabilitating the bridge pending construction of the new bridge.
6. In such circumstance, recording the aforesaid submissions made and the averments in the statement made by the 5th respondent, we dispose of the writ petition directing the Government will be at liberty to take such action as is warranted to regulate the traffic in the bridge and also for construction of new bridge in the place of the existing one."
2. Material on record discloses that earlier when steps were taken for reconstruction of the bridge, there were objections from the people of the locality and in such circumstances, the Chief Engineer, PWD, Roads & Bridges, Public Office Buildings, Museum. P.O., Thiruvananthapuram had written letter to the Additional Chief Secretary, Public Works Department, 4 W.P.(C).No.29484/2019 Government Secretariat. The said letter is reproduced:-
"Sub: Restricting traffic through the Vallakkadavu Bridge across T.S.Canal in Thiruvananthapuram District -reg:
Ref: 1. Lr. No.BD/G1/2016/Design/HW dated 31.10.2016 of the Chief Engineer, PWD Design and Administration,Tvpm
2. Letter No.DB4/2454/06 dt:05.12.2016 of the Superintending Engineer, PWD Roads and Bridges, South Circle, Thiruvananthapuram.
......
Kind attention is invited to the above reference. The Superintending Engineer, PWD Road and Bridges, South Circle, Thiruvananthapuram vide letter 2nd cited has reported that, based on the direction from this office and as per report of the Chief Engineer, PWD Design Wing considering the dilapidated condition of the existing bridge at Vallakkadavu, it was decided to regulate heavy vehicles through the bridge and to deviate the heavy vehicles upto 12T including Bus and Trucks through Puthanpallam and other heavy vehicles including those having more than 12T to, deviate from Kallummoodu junction in NH Byepass and to reach Vallakkadavu through Ponnara bridge. The notice regarding the same was published in all leading newspapers. Also information regarding the same had been given to the District Administration, Traffic Police authorities, KSRTC, Private Bus Owners Association and the Ward Councillors. The local MLA Sri.V.S.Sivakumar was informed personally by the Assistant Executive Engineer about the matter.
The part of implementing the restriction of heavy vehicles through the bridge warning/caution boards showing the restriction of heavy vehicles through the bridge and the deviation routes were made On 22.11.2016, the Assistant Executive Engineer, Bridges Sub Division, Thiruvananthapuram along with the Assistant Engineer and labours engaged for fixing the boards went to the site for doing the work. But the people of the locality were agitated, and did not permitted the departmental officers for implementing the same. They strongly protested the action of the department. They demanded for doing the rehabilitation of the bridge since land acquisition activities for the reconstruction of the old bridge is time consuming. The MLA Sri.V.S.Sivakumar called through phone and considering the agitation of the public, he had requested to proceed with the traffic restriction after convening a meeting with the representatives of various sections of the people of the area and with the higher officials of the Department, to reach to a consensus in the matter. Hence the warning boards could not be established at site. Letter has been given to the Assistant Commissioner of Police, Fort, and to the Assistant Commissioner of Police, Shangumugham, on 25.11.2016 for providing necessary 5 W.P.(C).No.29484/2019 assistance, to the department on this matter.
This is reported for favour of information."
3. From the material on record, we are not able to deduce as to what happened further. Inviting the attention of this Court to Ext.P5 photographs enclosed along with the present writ petition, Mr. D.Jayakrishnan, learned counsel for the petitioner submitted that bridge is in a dilapidated condition and therefore, direction may be issued, to the respondents not to allow heavy vehicular traffic on the bridge.
4. On the question as to whether there is any alternative road or route available for the ply of heavy vehicles, learned counsel for the petitioner is not in a position to answer. In the above said circumstances, we direct Sri.Aravindakumar Babu, learned Senior Government Pleader, who takes notice for the respondents, to get instructions as to why the order made in W.P.(C).No.5221 of 2018 dated 22.03.2018 could not be implemented.
5. That apart, learned Government Pleader is also directed to ascertain as to whether there is any alternative route or road for the operation of heavy vehicles.
List this matter for further consideration on 18.11.2019."
2. Chief Engineer, PWD (Operations), Thiruvananthapuram, 4 th respondent has filed a counter affidavit, wherein it is stated thus, "3. It is submitted that the land acquisition activities in connection with the work of Reconstruction of Vallakkadavu Bridge had been started during the year 2009 as per G.O(Rt) No. 1034/09/PWD dated 10.07.2009. The District Level Purchase Committee meeting had been convened during 2012. But the land owners were not willing to give up their land at the rates fixed in the District Level Purchase Committee But on 07.03.2013, the Land Revenue Commissioner passed the award for 12.68 ares of land for an amount of Rs.1.86 crores, which was not acceptable to the land owners. It is further submitted that the land owners raised objection regarding the alignment, which had been resolved during August 2014. Ultimately in the meeting convened by the Hon'ble Chief Minister on 30.11.2015, it was decided that the Land Revenue 6 W.P.(C).No.29484/2019 Commissioner to be addressed to cancel the award already passed and to proceed with a fresh acquisition proceedings.
4. Accordingly, the Land Revenue Commissioner vide letter No.LRC-1/514/2016 dated 08.01.2016, directed to proceed with the land acquisition activities as per the new Land Acquisition Act. Thereafter the land acquisition activities as per the new LA Act has been started during the year 2016. PWD submitted a requisition on 29.08.2016 and has remitted an amount of Rs.4,40.454/- as contingent charges to the Special Tahsildar (LA). PWD (SC), the Land Acquisition Officer designated for the work during 10/2017. The agency for conducting SIA had been arranged and 4(1) notification was published on 16.09.2019 in Extraordinary Gazette No.2401, by entrusting Centre for Advanced Research in Health and Human Behaviour (CARB) conducting Social Impact Assessment study. After obtaining the SIA study report, the acquisition proceedings will be completed as per LARR Act 2013.
5. With respect to the averments and allegations of regulating traffic through Vallakadavu Bridge, it is submitted that the Public Works Department has made two attempts, during 11/2016 and during 10/2017 for regulating the traffic through the existing Vallakkadavu Bridge. But due to aggressive protest by the locals, the concerned officers were not able to implement the traffic regulation, even with police assistance. Hence to come to consensus in the matter, a meeting had been convened in the Chamber of District Collector on 09.01.2018 along with the Chief Engineer, PWD, in the presence of the concerned departmental officers, revenue authorities and the ward councilors and other people's representatives belonging to various section of the locality. In the meeting it had been decided to conduct a load test on the existing bridge to ascertain the strength of the bridge. The load test had been conducted during 03/2018 and the report based on this had been obtained during 05/2018. Based on this report a meeting was again convened in the Chamber of District Collector on 26.09.2018 and in the meeting the District Collector has given direction to place warning sign boards restricting heavy vehicles through the bridge. Also it has been decided to construct a 7 W.P.(C).No.29484/2019 temporary diversion road across TS Canal and parallel to the existing Vallakkadavu Bridge, for diverting the traffic.
6. Accordingly, PWD had placed warning sign boards restricting heavy vehicles through the bridge, on both sides of the bridge and on the road leading to the bridge on the NH side. The matter had been reported to the concerned police authorities for providing the necessary assistance for diverting heavy vehicles, by the Executive Engineer vide letter No.D6-2606/2016 dated 26.09.2018. 11.01.2019 and 24.08.2019.
7. In the meantime, PWD had prepared the proposal for constructing a temporary diversion road and submitted to Government for approval. The Government vide G.O(Rt) No. 1221/2018/PWD dated 06.08.2018 has accorded Administrative Sanction for the proposal for Rs.70 lakhs. This work had been tendered and awarded to the contractor Sri A.Noohu Khan during 01/2019. But some delay occurred in the commencement of this work, as certain shops that stood in the puramboke land had to be evicted. The eviction of shops got completed by 09/2019 and the work of temporary diversion road has started. The work is expected to get completed by January, 2020.
8. It is submitted that the alternate route for the plying heavy vehicles by passing the Vallakkadavu Bridge was from Kallumoodu Junction in NH By Pass to Ponnara Bridge-NS Depot via Vallakkadavu. But at present traffic through this route is blocked from near Ponnara Bridge upto Vallakkadavu, as the improvement works of this mad is going on. This work is expected to get completed by the end of December 2019.
In the above circumstances, the Writ Petition is devoid of any merits and which is liable to be dismissed with costs. All the facts stated above are true to the best of my knowledge belief and information."
3. Responding to the counter affidavit, petitioner has filed a reply affidavit stating that only 4 shops have been evicted and remaining 9 shops continue to operate from their premises. Heavy 8 W.P.(C).No.29484/2019 vehicles are allowed to operate through the old bridge. According to him, though direction has been given by the writ court in W.P. (C).No.5221/2018 as early as on 22.3.2018, steps have not been taken as expeditiously as possible and for more than 1 ½ years, action as directed has been delayed. In addition to the above, Mr. Jayakrishnan D., learned counsel for the petitioner submitted that land acquisition proceedings have been stalled .
4. Heard learned counsel for the parties and perused the materials on record.
5. From the counter affidavit of the 4th respondent, it is evident that action has been taken and Section 4(1) notification has been published on 16.9.2019 in Extraordinary Gazette No.2401, for conducting Social Impact Assessment study. Counter affidavit further states that after obtaining the Social Impact Assessment study report, acquisition proceedings will be completed as per the Land Acquisition, Rehabilitation and Resettlement Act, (LARR Act) 2013. It is further stated that, alternative arrangements have also been made for constructing a temporary diversion road. Government have issued G.O.[RT] No.1221/2018/PWD dated 06.08.2018, granting Administrative Sanction and expenditure computed to Rs.70 lakhs.
The work had been tendered and awarded to a contractor Sri. A. Noohu Khan during January, 2019. As regards the eviction of the remaining 9 shops, it is for the respondents to decide what is required to be done 9 W.P.(C).No.29484/2019 at this juncture. Alternative route for plying heavy vehicles by passing Vallakkadavu Bridge was from Kallumoodu Junction in NH By Pass to Ponnara Bridge-NS Depot via Vallakkadavu. But the 4 th respondent has stated that at present, traffic through this route is blocked from Ponnara Bridge up to Vallakkadavu, as the improvement works of this road is going on and the said work is likely to be completed by the end of December, 2019.
6. From the above, it is seen that respondents has taken adequate action to ensure that the Bridge is not collapsed and that there is no traffic congestion. Placing on record the counter affidavit of 4th respondent, we only direct respondents to complete the process initiated under the Land Acquisition Act, 2013, as expeditiously as possible.
W.P.(C).No.29484/2019 is disposed of.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE
True copy JUDGE
kp
P.A. To Judge
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W.P.(C).No.29484/2019
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF KERALA IN WPC NO. 5221/2018
DATED 22.03.2018
EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED
14.05.2018
EXHIBIT P3 TRUE COPY OF THE MINUTES NO.K5/76198/16
DATED 26.09.2018
EXHIBIT P3(A) TRUE TRANSLATION OF EXT. P3
EXHIBIT P4 TRUE COPY OF THE REPORT NO.
CE/R&B/15400/2014/TVPM, DATED 24.12.2016 OF THE 5TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE 5 PHOTOGRAPHS DATED 05.10.2019 EXHIBIT P6 TRUE COPY OF THE MALAYALA MANORAMA SUPPLEMENT FOR THIRUVANANTHAPURAM DATED 12.10.2019 EXHIBIT P6(A) TRUE TRANSLATION OF EXT. P6 EXHIBIT P7 TRUE COPY OF FORM NO.C5/4906/19(1) NOTICE DATED 10.05.2019, TO THE SECRETARY, E.K. NAYANAR ARTS AND SPORTS CULTURAL GROUP READING ROOM, VALLAKKADAVU EXHIBIT P8 TRUE COPY OF FORM NO.C5/4906/19(2) NOTICE DATED 10.05.2019 TO MR. ABDUL SALAM,MEAT SHOP, VALLAKKADAVU EXHIBIT P9 TRUE COPY OF FORM NO.C5/4906/19(3) NOTICE DATED 10.05.2019 TO SMT. SHAILA, W/O SHAJAHAN, COOL DRINKS, VALLAKKADAVU EXHIBIT P10 TRUE COPY FORM NO.C5/4906/19(4) NOTICE DATED 10.05.2019 TO SDPI, PARTY OFFICE, VALLAKKADAVU.
EXHIBIT P11 TRUE COPY FORM NO.C5/4906/19(5) NOTICE DATED 10.05.2019 TO MR. SAIFUDEEN, LOTTERY SHOP, VALLAKKADAVU EXHIBIT P12 TRUE COPY FORM NO.C5/4906/19(6) NOTICE DATED 10.05.2019 TO MR. SIDDIQUE, HOTEL VALLAKKADAVU 11 W.P.(C).No.29484/2019 EXHIBIT P13 TRUE COPY FORM NO.C5/4906/19(7) NOTICE DATED 10.05.2019 TO MR. LATHEEFA, AJEENA LUCKY CENTRE, VALLAKKADAVU EXHIBIT P14 TRUE COPY FORM NO.C5/4906/19(8) NOTICE DATED 10.05.2019 TO MR. ANSAR, TEA SHOP, VALLAKKADAVU EXHIBIT P15 TRUE COPY FORM NO.C5/4906/19(9) NOTICE DATED 10.05.2019 TO MR. MAHEEN, MEAT SHOP, VALLAKKADAVU EXHIBIT P 16 TRUE COPY FORM NO.C5/4906/19(10) NOTICE DATED 10.05.2019 TO MR. DUSTHAKEER, FRUIT STALL, ATTUVIDICHU VEEDU, VALLAKKADAVU EXHIBIT P17 TRUE COPY FORM NO.C5/4906/19(11) NOTICE DATED 10.05.2019 TO INTUC, PARTY OFFICE, VALLAKKADAVU EXHIBIT P18 TRUE COPY FORM NO.C5/4906/19(12) NOTICE DATED 10.05.2019 TO MR. SHAHJAHAN, TEA SHOP, VALLAKKADAVU EXHIBIT P19 TRUE COPY FORM NO.C5/4906/19(13) NOTICE DATED 10.05.2019 TO MR. THAJUDEEN, CYCLE REPAIRING SHOP, VALLAKKADAVU