V. ULAHANNAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioners in both these writ petitions challenge the fixation of rent for the shop rooms temporarily allotted to them till their permanent rehabilitation by the TRIDA-Trivandrum Development Authority which is constituted under the Travacncore Town Planning Act.

(2.) Both the petitioners were running their shops in their own land. Their lands were acquired for the Palayam Urban Development Scheme. Initially the petitioners were allowed to continue in their own buildings even after acquisition, but on payment of rent to TRIDA. There were several shops which were acquired and the TRIDA allowed them to continue in the very same premises on payment of rent to TRIDA as fixed by them. Thereafter TRIDA constructed a building for temporary rehabilitation to which the shop owners had to shift. According to the petitioners, there are no facilities available in the new building of TRIDA whereas they were enjoying all facilities in their own buildings.

(3.) The petitioners submit that a meeting was convened by the Chairman of the TRIDA with the office bearers of the Trivandrum Merchants council on 6.10.2000, in which various decisions were taken regarding rehabilitation of the merchants, as per Ext. P1. It was decided that temporary rehabilitation would be provided to all shop owners as well as the tenants in Palayam till they were provided with permanent rehabilitation, in the new block as and when the TRIDA completes construction of the same. As per in clause (3) in Ext. P1, it was decided that the shop owners/lessees would be granted temporary rehabilitation in the new block on payment of rent at the rate of Rs. 1/- till they were provided permanent rehabilitation. Clause (2) provided that those who were having the shop rooms with an area up to 150 square feet would be given shop rooms having the same extent and the shop owners having 150 and 300 square feet would be granted shop rooms having an extent up to 75% while those who were having above 300 square feet would be given 70% and hotels would be given 50% of the area.