KOCHI METRO RAIL LIMITED Vs. SHANAVAS

JUDGEMENT

(1.) Kochi Metro Rail is a joint venture project undertaken by the Government of India and the Government of Kerala. Kochi Metro Rail Limited ("the Company") was incorporated as a Special Purpose Vehicle for implementing the project of laying metro rail- line in the city of Cochin.

(2.) To acquire certain pieces of land for the project, the Government, at the Company's request, issued a notification under Section 4(1) of the Land Acquisition Act, 1894 ("the Old Act"). Before it could proceed further, the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 ("the New Act") came into force on 1.1.2014.

(3.) But there existed, according to the Company, certain statutory lacuna: absence of rules. So, given the urgency, the State and the Company have decided to acquire lands through private negotiations. Accordingly, the authorities entered into agreements of sale with various land-owners, most of whom are the respondents in these appeals. After paying 80% of the sale consideration, the Company took the possession of the lands and went ahead with the project, which in fact was completed. All the agreements of sale reveal that the land- owners would get the balance sale consideration on their executing the regular sale deeds.