S. S. SHANKARANARAYANA REDDIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) More than two decades ago, in the year 1986, the Thiruvananthapuram Development Authority ('TRIDA', for short) made a proposal to acquire certain buildings situated by the side of the M. G. Road in the Capital City of the State. The purpose was to widen the road. This became inevitable to accommodate the rampant vehicular traffic in the City. For the implementation of the said project of TRIDA called "Capital Region Development", Government acquired the land, including certain buildings thereon during 1986 and 1992. Compensation was also paid to the land owners.

(2.) But, the tenants who are occupying those buildings refused to move out. Negotiations and meetings were held at different levels during different periods. Though the tenants could be easily dispossessed of the buildings under the provisions of Land Acquisition Act, it was however, decided that they could be allowed to continue occupation of the same buildings, under certain terms and conditions, taking into consideration the request made by the tenants. According to TRIDA, they were not under any legal obligation to do so, but such a step was taken purely based on "humanitarian consideration".

(3.) Accordingly, the tenants were treated as tenants under TRIDA subject to certain terms and conditions. Agreements were also executed between the tenants and TRIDA. One of such agreements is Ext. P3. TRIDA decided that the tenants could continue occupation of the respective buildings, until they are rehabilitated in the building to be newly constructed by TRIDA.