NIXON AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by Ext.P5 confiscation order passed by the 2nd respondent-District Collector under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the petitioner is before this Court.

(2.) The petitioner states that he is owner of an Excavator JCB 3DX2 bearing registration No.KL-36-6424. The Public Works Department (PWD) executed a Work Agreement with M/s.Deens Constructions for improvement work of Elanad-Chelakkara Road and Ext.P2 Work Order was issued on 4/8/2020. The work had to be executed under the supervision of the Assistant Executive Engineer, Public Works Department, National Highway, Chavakkad Division.

(3.) M/s.Deens Constructions took the Excavator of the petitioner to execute the work, on monthly rent of ?50,000/-. The work included road widening and the work required removal and temporary storage of red earth. There was no suitable place to dump red earth in the nearby area. The Assistant Executive Engineer and representatives of M/s.Deens Constructions had discussions with the Juma-Ath Committee and they later agreed to store the red earth in their property temporarily.