RAJAN D. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners herein are residents of Vizhinjam and Venganoor Village within the limits of Neyyattinkara Taluk, Thiruvananthapuram District. They are the owners of certain tracts of land in the said village. They have approached this Court with these petitions seeking the following relief.

(2.) Since identical reliefs ares sought for in these petitions, they are taken up and disposed of by a common judgment.

(3.) The petitioners contend that the Kerala State Electricity Board Limited (KSEBL) has launched the construction of a 220 KV Multi Circuit Lines from Kattakada to Balaramapuram to supply power to the Vizhinjam International Sea Port Limited. Though the petitioners are also elated with the project as it would generate all round development and employment, they are aggrieved by the fact that the compensation to the persons affected are not being calculated and disbursed as per the provisions of the prevailing laws. It is contended that for the purpose of drawing the line, the right of way required is in excess of 35m. According to the petitioners, the property likely to be affected by the drawing of line is more than 5 Acres. The affected properties are lying in a place with high potential and the market value of land in the area is very high. They contend that even in cases of drawing of lines in tune with the provisions of the Electricity Act , 2003 and the Indian Telegraph Act , 1885 ('Act 13 of 1885' for short) , the compensation for determining the market value of the property has to be in tune with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act 30 of 2013' for short). Placing reliance on Ext.P1 decision dated 28.8.2015 and Ext.P2 order of the same date of the Ministry of Rural Development, which have been produced in W.P.(C) No.19446/2019, it is contended that the provisions of Act 30 of 2013 relating to determination of compensation in accordance with the I schedule, rehabilitation and resettlement in accordance with the II schedule and infrastructure amenities in accordance with the III schedule shall apply to all cases of land acquisitions under the enactments specified in the IV schedule to the said Act. It is further contended that after the coming into force of Act 30 of 2013, Act 13 of 1885 and its provision will have no application for the purpose of determination of compensation in case of drawing of lines. The petitioners would also rely on Section 105 of the Electricity Act, 2003 and it was argued that the KSEBL is liable to determine the compensation as per Act 30 of 2013. It is further contended that the residents of the area caused obstructions and hence the 5th respondent referred the matter to the 4th respondent under Section 16 (1) of Act 13 of 1885. However, the 4 th respondent without considering the facts and circumstances granted permission to the 5th respondent by Exhibit P5 order in W.P.(C)No.27378 of 2019 to draw 220 KV lines through the property owned and possessed by the landowners in the locality. Exhibit P5 order suffers from lack of application of mind and arbitrariness and the same is liable to be set aside, is the contention.