SOORYA NARAYANA BHAT AGED:56 YEARS, S/O P SHAM BHAT, PARIKODI HOUSE, KURUDAPADAVU, PAIVALIKE VILLAGE, KASARGOD DISTRICT Vs. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P1 in so far it relates to the property of the petitioner covered by Exts.P2. P3, P5, P6, P6(a), P6(b), P10, P13, P15 to P17, P19, P21, P23 and P25 and for other related reliefs.

(2.) Material facts for the disposal of the writ petition are as follows:- Petitioners are land holders allegedly having title and exclusive possession in accordance with documents specified above. First respondent through Ext.P1 administrative order proceeded to take possession of an extent of 180 Acres of land comprised in Paivalike, Meenja and Chippar Villages for the proposed solar projects to be undertaken by KSEB. It is stated therein that, 180 Acres of land earmarked takes in the property of the petitioners. According to the petitioners, the said land was identified on the erroneous assumption that the land holders who were validly granted assignment on registry much earlier, were no more the owners, for they failed to occupy the land in terms of conditions in the registry. That apart, it is stated that, petitioners being the independent owners the assignees as also the purchasers from assignees were not given any notice till date, either in any proceedings for cancellation of the assignment, or the present acquisition of the land for the solar project. It is also contended that, there is no basis in the assumption that Patta issued to the assignees stood cancelled since they took possession long back and continued in possession. It is also submitted that, the decision impugned taking away petitioners valuable constitutional right under Art. 300-A, liable to be declared bad and capricious. Other contentions are also raised with respect to the illegality in Ext.P1 order.

(3.) The 7th respondent has filed a counter affidavit refuting the allegations and claims and demands raised by the petitioners. Apart from other contentions it is stated that, in connection with the globalized renewable energy resourcing of a solar park scheme was declared by the Ministry of New and Renewable Energy (MNRE), Government of India for installation of 25 solar parks targeting 20000 MW solar power by the end of 2018-19 in various States in India. One among the above with 2000 MW capacity was sanctioned for Kasargod District and MNRE had approved in principal for setting up the solar part at Paivalike, Meenja, Ambalathara, Chippar, Karinthalam and Kinanoor Village of Kasargod District of Kerala. Pursuant to which the Government of Kerala has decided to increase the capacity of solar sector in the State to 500 MW by 2017 and 2500 MW by 2030. Apart from meeting the present power shortage of the State, it also contributes to the long term energy security and ecological stability by reduction in carbon emission.