DISTRICT COLLECTOR AND CHAIRMAN Vs. OMANA MAHASENAN

JUDGEMENT

(1.) These appeals have been filed by the State and the authorities challenging the common judgment dated 08/01/2015 in W.P.C.Nos.30520/2009 and 24137/2010. The writ petitions have been filed seeking for directions to the appellants as well as the Panchayath to comply with the Shop Re-settlement Plan (for short 'SRP') approved by the Government and also for a direction to pay transitional allowance at the rate of Rs.4,500/- per month as fixed in the Government Order dated 30/07/2007 until allotment of shop rooms in the shopping complex to be constructed by the 4th respondent Panchayath.

(2.) The short facts involved in the writ petition would disclose that on account of Tsunami rehabilitation scheme being done at the instance of the State and the authorities, proposal was made to construct a bridge near Kayamkulam known as Aazhika-l Ayiramthengu Palam. Petitioners were persons who were engaged in small scale business activities in the area where land was being acquired by the Government. In order to provide rehabilitation package for such persons who would be displaced from the business, Government brought into force SRP as per Government order dated 30/07/2007. It is inter alia provided in the said package that, in addition to the land value, affected persons will be able to get certain other benefits. One of such benefits was transitional allowance of Rs.4500/- per month for six months to make up loss of income from livelihood. As far as persons who had lost their residence were concerned, they were also provided transitional allowance at the same rate for three months.

(3.) Another Government order dated 26/10/2007 also came to be passed wherein it was observed that in case of those persons whose shops fall within the acquired land, they should be considered for alternate house in the housing complex proposed to be constructed,instead of compensation under the rehabilitation package. Further, it was mentioned that those persons who lost their shops due to acquisition shall be provided with equivalent area of the floor space on the commercial complex to be developed by the Panchayath.