COCHIN DEVASWOM BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Cochin Devaswom Board, is aggrieved by Ext.P14 order of the 3rd respondent-District Collector, Ernakulam. As per the said order the claim of the petitioner for compensation in relation to 11.364 Ares of land comprised in re-survey No.120/13 of Cheranalloor Village, which was acquired for the construction of four line road connectivity to international Container Transshipment Terminal (ICTT), Vallarpadom was declined. Further, the correction carried out in the Settlement Register as per the order No.DSA.32/06 dtd. 19/4/2006 was cancelled in Ext.P14. The petitioner therefore filed this Writ Petition invoking the provisions of Article 226 of the Constitution of India seeking a writ of certiorari quashing Ext.P14. The petitioner also seeks a declaration that it is entitled to get compensation for the said 11.364 Ares of land and an order directing respondents 2 to 8 to make payment of compensation.

(2.) The 3rd respondent has filed a statement dtd. 26/10/2019 explaining the facts and details of the proceedings culminating in Ext.P14 order. The 9th respondent-Cheranalloor Grama Panchayat has filed a counter affidavit claiming that the property in question, which is indisputably a road, vested with the Panchayat by virtue of Sec. 169(1) of the Kerala Panchayat Raj Act, 1994. But the 9th respondent conceded that the said road was not entered in the asset register of the Panchayat.

(3.) The petitioner has filed a reply affidavit essentially to controvert the claim of the 9th respondent that the property in dispute has vested in the Panchayat. Paragraph No. 3 in the reply affidavit is extracted below:-