BHARAT SANCHAR NIGAM LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The Bharath Sanchar Nigam Limited (BSNL for short) challenges Exts.P19 and P20 orders of the Government of Kerala; the former of which constitutes a committee to look into their grievances regarding the resumption of certain extent of land in the Industrial Development Area, Aroor, from them; and the latter which concludes that such resumption is in order.

(2.) The pleadings on record would show that the assertion of the BSNL is that they were given on lease the said extent of land in the year 1971 for the purpose of establishing a Telephone Exchange. According to them, subsequently in the year 1983, they wanted to purchase this property by assignment and that they had remitted an amount of Rs.46,926.80/- towards the cost of the land. They allege that the competent Authority did nothing thereafter and that while so, through an allegedly illegal order, the General Manager, District Industries Centre (DIC), Alappuzha, resumed the same from them, against which they filed an appeal before the Government, which was also, however, rejected by order dated 17.10.2005.

(3.) The BSNL says that they had approached this Court challenging the afore order of the Government by filing W.P. (C)No.613/2006, in which an interim order was initially granted and finally disposed of through Ext.P16 judgment, directing the Government to constitute a committee to look into the disputes raised by them and then take a decision, ignoring all the earlier orders. The learned counsel for the BSNL, therefore, asserts that what was directed by this Court through Ext.P16 was to take a fresh look into the whole matter, ignoring the orders of resumption earlier issued.