EVEREST C J Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment of the learned Single Judge declining to direct the 1st respondent to give road access to the petitioner to the road constructed by the 1st respondent around the Jawaharlal Nehru International Stadium, Cochin, constructed by the 1st respondent.

(2.) We have heard learned counsel appearing for the appellant, learned Standing Counsel appearing for the 1st respondent and have also perused the judgment of the learned Single Judge and the sketches and photographs produced by both parties.

(3.) The Jawaharlal Nehru International Stadium was constructed by the GCDA by acquiring land in 1994 from various persons. Around the Stadium, the GCDA has constructed ring roads, which are now public roads, connecting the main road with residential colonies located South of the stadium. Around the ring roads the GCDA has constructed boundary walls, beyond which are the properties of private land owners. The appellant is one of the persons who have land a little beyond the boundary wall of the GCDA property. The case of the appellant is that *[his property was] acquired by the GCDA, and at the time of acquisition, there was a commitment by the GCDA to provide road access to land owners, whose lands were acquired for construction of the Stadium and the ring road around the Stadium. Even though in an earlier occasion in a petition filed by the appellant, this Court had given an opportunity to the appellant to establish the commitment given by the GCDA to him or to his family members to provide road access, the appellant could not establish it before the GCDA. In the Writ Petition filed, the learned Single Judge also found that there is no proof for the claim of the appellant, and so much so, his request was turned down. It is against this judgment, this Writ Appeal has been filed.