JOSEPH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS Writ Petition has been preferred to abate a public nuisance. Petitioner is a social worker who is concerned with the obstruction caused to a public road by the existence of a land with a building thereon rendering the traffic dangerous to the public.

(2.) THE land and building in question abuts on the sahodaran Ayyappan Road, hereinafter called 's. A. Road' which is one of the most important roads connecting Cochin City with Vytilla junction. Corporation of Cochin and the Greater Cochin Development authority finding the extreme necessity of widening the S. A. road, jointly took up a project. Many of the good Samaritans who owns lands on either side of the road voluntarily surrendered lands for widening the road, a benevolent gesture deserves approbation. G. C. D. A. as well as Corporation of cochin have reciprocated this good gesture by granting exemption to them from the Kerala Building Rules for constructing building in the remaining area. Corporation stated by virtue of this scheme, they could save about 28 crores of rupees apart from the normal expenses to be incurred if proceedings under the land Acquisition Act are initiated. Major portion of the land from Kadavanthra junction to Manorama junction has already been obtained free of cost and formed except the portion in dispute.

(3.) THE additional fourth respondent has submitted a plan before this Court which shows the lie of the property. THE plan shows that if the road is widened, the approximate total width of the road in that area would be 22. 40 metres. Corporation has constructed a median in the middle of the road for separation. THE land and building owned by the additional fourth respondent abuts on the S. A. road by about 10. 75 metres. THE width of the road in that area is only 11. 65 metres and in the balance portion, the width is approximately 22. 40 metres. Pencil marked portion in the plan would show how the vehicles have to ply through the road causing danger to the pedestrians, travelling public etc. THE land and the building thereon is really a public nuisance.