V.P.DENNY Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant public interest writ petition is filed for the following reliefs:

(2.) Short facts leading to the filing of the writ petition are that, 1 st petitioner is a public spirited person and a social worker, 2 nd petitioner is a taxi driver, 3rd petitioner is a street vendor, and 4th petitioner is a housewife. Petitioners 2 to 4 are the absolute owners, title holders and in possession of landed properties with residential houses and commercial establishments thereon in Vizhinjam and Venganoor Villages, Neyyattinkara Taluk, Thiruvananthapuram District. They are the residents of Venganoor Taluk and their properties are needed for installing 220 KV line, for the purpose of proposed Vizhinjam International Seaport project. By virtue of Exhibits-P2 and P3, land owners are entitled to get compensation for their property, in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). However, Exhibits-P4 and P5 show otherwise that it needs more clarification in determining the compensation for poor land owners. Welfare State is bound to follow the ex-proprietary legislation. Petitioners apprehend that constitutional right will be deprived without authority of law.

(3.) Petitioners have further stated that the land owners, whose properties have been enjoyed or used for installing electric lines, under the provisions of the Electricity Act , 2003, are entitled to compensation, in accordance with the LARR Act. However, the respondents have failed to grant statutory compensation in various projects such as Kudankulam Power Highway Project (400KV Line), Madakkathara to Kochi (Kochi Thrissur Electricity Project Expansion [KTEP]) and other projects, being carried out by respondents 3 & 8 in the State of Kerala. Determination of compensation to the land owners would affect other land owners in the State. LARR Act is a revolutionary legislation for land owners and activities done under thirteen enactments would come under the purview of land acquisition. Hence, this writ petition is filed.