KERALA VYAPARI VYAVASYI EKOPANA SAMITHY V. UNION OF INDIA

WP(C)/17110/2020

AI Insights

The case involves the Kerala Vyapari Vyavasayi Ekopana Samithy, representing various units affected by the Kochi Metro land acquisition, who filed a writ petition against the Union of India and the State of Kerala. The petition challenged the compensation packages (Exhibits P5 and P6) for tenants affected by the land acquisition, arguing that they were inadequate and not in accordance with the LARR Act, 2013. The court examined the legal provisions of the LARR Act, 2013, particularly focusing on the definitions and entitlements of 'affected families' and the procedures followed for determining compensation and rehabilitation.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 738905 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-10-2020
• Assessment Year: misc
• Other Referred Cases: State of Uttar Pradesh v. Dr. Vijay Anand Maharajah, M/s. Harilal Rattanlal Etc. Etc. v. State of U.P. and Another Etc. Etc., Regional Director, Employees' State Insurance Corporation, Trichur v. Ramanuja Match Industries, Commissioner of Income Tax, Mumbai v. Anjum M. H. Ghaswala and Others, J. Srinivasa Rao v. Govt. of A.P. and Another, Raghunath Rai Bareja and Another v. Punjab National Bank and others, Southern Petrochemical Industries CO. Ltd. v. Electricity Inspector & ETIO and others, Deddappa and Others v. Branch Management, National Insurance Co. Ltd, Usha Breco Mazdoor Sangh v. Management of Usha BRECO Limited and Another, Dev Sharan and Others v. State of Uttar Pradesh and Others, Ramji Veerji Patel and Others v. Revenue Divisional Officer and Others
• Laws Referred To: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Indian Penal Code, Code of Civil Procedure, 1908, Code of Criminal Procedure, 1973
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: P VIJAYAKUMAR; SURIN IPE
• Assessee Lawyers: T R S KUMAR; P B PRADEEP; K RAJAN; DEENA JOSEPH; DEEPA MENON; MITHUN THOMAS; T K SHAJITH
• Keywords: Compensation; Land Acquisition; Rehabilitation and resettlement; Kochi Metro Rail Project; LARR Act
• Section: 64; 68; 43; 22; 69; 73; 27; 37; 28; 72; 3; 18; 23; 26; 19; 44; 47; 30; 45; 29; 74; 65; 21; 51; 16; 31; 60; 70

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942 WP(C).No.17110 OF 2020(S) PETITIONERS: 1 KERALA VYAPARI VYAVASYI EKOPANA SAMITHY, VENNALA PALARIVATTOM UNIT, REPRESENTED BY ITS PRESIDENT C.S. RAMACHANDRAN, S/O. LATE S. P. SANKARAN NAIR, AGED 61 YEARS, KUNDOOR, PUTHENVEED, JANATHA ROAD, MANJUMMAL P O, PIN - 683501. 2 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, VENNALA PALARIVATTOM UNIT, REPRESENTED BY ITS SECRETARY, T.S. SURJITH, S/O. SUKUMARAN, AGED 61 YEARS, THOPPIL HOUSE, MULAVUKAD P O, PIN - 682504. 3 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, VENNALA PADIVATTOM UNIT, REPRESENTED BY ITS PRESIDENT, T.K. SAGAR, S/O. LATE KARUNAKARAN, AGED 63 YEARS, PIN - 682024. 4 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, VENNALA PADIVATTOM UNIT, REPRESENTED BY ITS SECRETARY, SANTHOSH K.K, S/O. K. S. KRISHNAN, AGED 50 YEARS, PIN - 682024. 5 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, TRIPUNITHURA NORTH UNIT, REPRESENTED BY ITS JOINT SECRETARY, JAYAN K.B, AGED 60 YEARS, S/O. LATE V. K. BALAKRISHNAN NAIR. BY ADVS. SRI. T. R. S. KUMAR SRI. P. B.PRADEEP SRI. K. RAJAN (MUHAMMA) SMT. DEENA JOSEPH SMT. DEEPA R MENON SHRI MITHUN C THOMAS SRI. T. K. SHAJITH RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF RURAL DEVELOPMENT, CENTRAL SECRETARIAT, NEW DELHI - 110002. 2 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM -695004. 3 THE LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM - 695004. 4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD- 682030 5 THE SPECIAL TAHSILDAR(LA), KOCHI METRO I, CIVIL STATION, KAKKANAD - 682030. 6 THE DIRECTOR, DIRECTORATE OF ECONOMICS AND STATISTICS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA - 695033. R1 BY ADV. SHRI P. VIJAYAKUMAR, ASG R2 TO R6 BY SENIOR GOVERNMENT PLEADER SRI. SURIN GEORGE IPE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 17110 of 2020 ::2:: JUDGMENT MANIKUMAR, CJ Petitioners, office bearers of Kerala Vyapari Vyavasayi Ekopana Samithy, Palarivattom, Padivattom and Tripunithura units, have filed the instant writ petition seeking for the following reliefs: \"i) Issue a writ of certiorari to quash Exhibits P5 & P6 on the ground that they are contrary to Schedule II of the LARR Act, 2013 and its true spirit and philosophy. Exhibits P5 & P6 have been prepared with a malicious intention, to curtail just and fair compensation for the “affected families”, referred to Section 23 clause (c) of the LARR Act, 2013. ii) Issue a writ of mandamus or any other writ or order, directing the respondents to revise and renew Exhibit P5 & P6, in accordance with Section 31(2) of the LARR Act, 2013, on the basis of “price index”. iii) Issue a writ of mandamus or any other writ or order, directing the respondents to grant compensation for the tenants referred to in clause (c) of Section 3, in a proportion to be decided by the appropriate Government as per section 30(2) Schedule I of the LARR Act, 2013.\" 2. Short facts leading to the writ petition are that acquisition for Kochi Metro is in progress. About 500 tenants are members of the 1st petitioner organisation. They are affected families, as referred to in Section 3(c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, the W.P.(C) No. 17110 of 2020 ::3:: LARR Act, 2013). As per the LARR Act, 2013, tenants are entitled to get compensation, in accordance with Schedule I, and rehabilitation as well as resettlement package, in tune with Schedule II. There is no ambiguity in the Statute about the compensation to be paid to the tenants, in proportion to be decided as per Schedule I. 3. Petitioners have further stated that Exhibits P5 and P6 have been prepared by the State Government, in accordance with Schedule II of the LARR Act, 2013, only for rehabilitation and resettlement packages. 4. Petitioners have further stated that Not even a single pai is paid to the tenants, as per Schedule I from 1.1.2014. Even though Exhibits-P5 and P6 have been prepared with Schedule II, it is a very meagre amount and contrary to the true spirit and philosophy of the LARR Act, 2013, and its legislative intent. 5. Petitioners have further stated that there is deliberate omission on the part of the Government in granting compensation to the tenants, referred to in Section 3(c) of the LARR Act, 2013. Tenants and their affected families are sub-classified as per Exhibits-P5 and P6, which amounts to discrimination among the equals. It is further contended that Exhibits-P5 and P6 are hit by Articles 14, 21 and 300 A of the Constitution of India. Hence, this public interest writ petition has been filed. 6. In the statement of facts, the petitioners have quoted the decisions W.P.(C) No. 17110 of 2020 ::4:: of the Hon'ble Supreme Court in State of Uttar Pradesh v. Dr. Vijay Anand Maharajah [AIR 1963 SC 946]; M/s. Harilal Rattanlal Etc. Etc. v. State of U.P. and Another Etc. Etc. [(1973) 1 SCC 216]; Regional Director, Employees' State Insurance Corporation, Trichur v. Ramanuja Match Industries [(1985) 1 SCC 218]; Commissioner of Income Tax, Mumbai v. Anjum M. H. Ghaswala and Others, [(2002) 1 SCC 633]; J. Srinivasa Rao v. Govt. of A.P. and Another [(2006) 12 SCC 607]; Raghunath Rai Bareja and Another v. Punjab National Bank and others [(2007) 2 SCC 230]; Southern Petrochemical Industries CO. Ltd. v. Electricity Inspector & ETIO and others [(2007) 5 SCC 447]; Deddappa and Others v. Branch Management, National Insurance Co. Ltd [(2008) 2 SCC 595]; Usha Breco Mazdoor Sangh v. Management of Usha BRECO Limited and Another [(2008) 5 SCC 554]; Dev Sharan and Others v. State of Uttar Pradesh and Others [(2011) 4 SCC 769]; and Ramji Veerji Patel and Others v. Revenue Divisional Officer and Others [(2011) 10 SCC 643]. 7. Petitioners have raised the following points for consideration. a) Whether the tenants referred to in clause (c) of Section 3 are entitled to get compensation as per Schedule I of the LARR Act, 2013, apart from the rehabilitation and resettlement packages, as envisaged in Schedule-II. b) Whether Exhibits-P5 and P6 have been prepared with a malicious intention to curtail just and fair compensation for the “affected families”, referred to in Section 3(c) of the LARR Act, 2013. W.P.(C) No. 17110 of 2020 ::5:: c) Whether Exhibits-P5 and P6 create class within the class in determining the compensation package under Schedule II of the LARR Act, 2013. d) Whether Exhibits-P5 and P6 are to be revived and revised as per Section 31(2) of the LARR Act, 2013 every year. 8. Referring to the Section 3(c) of the LARR Act, 2013, Mr. T.R.S. Kumar, learned counsel for the petitioners, submitted that tenants also fall under the definition “affected family”. 9. Inviting our attention to the definition of “landowners” in the LARR Act, 2013, Schedule l of the said Act, and Exhibits-P5 & P6, learned counsel for the petitioners submitted that as per the Statute, tenants are also entitled to a share of the compensation amount to be determined as per Schedule I of the Act. He further submitted that there is a conspicuous failure on the part of the respondents, in not considering the factors mentioned in Schedule I, for determining compensation to the land owners and duly apportioning the same to the tenants. According to the learned counsel, there is a classification within classification, in Exhibits-P5 and P6, denying their legitimate compensation to the tenants as per the Statute. 10. Learned counsel for the petitioners further submitted that most of the members under the petitioners organisations are tenants, who are running and conducting business on both sides of the road from Kaloor Jawaharlal Nehru Stadium Metro Station to Kakkanad Infopark via Palarivattom, Padamugal, Vazhakkala, Kakkanad, Chittethukara area and W.P.(C) No. 17110 of 2020 ::6:: both sides of Petta Junction to S.N. Junction, Tripunithura. 11. Before adverting to the submissions advanced, it is worthwhile to consider the relevant provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Government order dated 12.11.2018, and the circulars issued, which are extracted hereunder: 12. Government have issued G.O.(Ms) No.425/2018/RD dated 12.11.2018 (Exhibit P1), sanctioning acquisition of land, which reads thus: “GOVERNMENT OF KERALA Abstract Revenue Department- Acquisition of .9398 Hectares of land in Kakkanad Village, 1.9205 Hectares of land in Edappally South & Vazhakkala Villages, .0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanad as part of 2nd phase development of Kochi Metro Rail Project- Sanction accorded for proceeding with- the acquisition of land under LARR Act, 2013 - Orders issued. ------------------------------------------------------------------------------------------------- REVENUE (B) DEPARTMENT G.O.(Ms.)No.425/2018/RD Dated, Thiruvananthapuram, 13/08/2020 ------------------------------------------------------------------------------------------------- Read 1. G.O(P) 25/2018/RD dated 19.05.2018. 2. Letter No.C12-1130/2016 dated 20.10.2018 from the District Collector, Ernakulam. ORDER As per GO read as 1st paper above Shri Saju V. Itty Executive Director, Kerala Voluntary Health Services, Kottayam was authorised to conduct a Social Impact Assessment Study and prepare a Social Impact Assessment Plan as provided in the LARR Act, 2013 for the acquisition of 0.9398 Hectares of land in Kakkanad Village, 1.9205 Hectares of land in Edappally South & Vazhakkala Villages, 0.0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanad Infopark as part of 2nd phase development of Kochi Metro Rail Project. The agency has furnished the draft SIA report and conducted public W.P.(C) No. 17110 of 2020 ::7:: hearing as per Section 5 of the LARR Act, 2013 to ascertain the views of the affected families. The final report of SIA (both in English and Malayalam) has been made available to the Municipal Corporation and uploaded in the Government website as well as in the website of district administration as per Section 6 of the LARR Act,2013. District Collector, Ernakulam has constituted an Expert Group for evaluation of the Social Impact Assessment report report under Section 7 of the LAAR Act, 2013. 2. As per letter read as 2nd paper above the district Collector has submitted the recommendations of the Expert Committee. Sub Section (1)(a) to (e) of Section 8 of the LARR Act, 2013 provides that on receipt of the recommendation of the Expert Committee the District Collector shall examine the proposals for LA and the SIA report and forward the recommendation report to Government. As such the recommendation letter has been furnished by the District Collector, Ernakulam in this case. Sub-Section (2) of Section 8 of the LARR Act, 2013 provides that after examining the proposal in detail and after satisfying the points referred in the Act, Government shall take a decision as to whether the LA proposal has to be proceeded with or not. In the instant case the Expert Committee members as well as the District Collector, Ernakulam has recommended to proceed with the land acquisition. 3. Government have examined the matter in detail and are pleased to approve the recommendation of the Expert Committee and in the light of the SIA report and the report of the District Collector, Ernakulam, sanction is accorded to proceed with the acquisition of 0.9398 Hectares of land in Kakkanadu Village.1.9205 Hectares of land in Edappally South & Vazhakkala Villages, 0.0167 Hectares of land in Poonithura Village for acquisition of land from JLN Stadium to Kakkanadu Infopark as part of 2nd phase development of Kochi Metro Rail Project under LARR Act, 2013. (By order of the Governor) MADHU.K ADDITIONAL SECRETARY” 13. English translation of Exhibit-P2 Expert Committee Assessment report dated 20.10.2018 reads thus: “ANALYSIS REPORT PREPARED UNDER THE SUPERINTENDENCE OF CHAIRPERSON, EXPERT COMMITTEE ON THE BASIS OF THE REPORT SUBMITTED BY THE KERALA VOLUNTARY HEALTH SERVICE (KVHS), KOTTAYAM THE SOCIAL IMPACT STUDY UNIT AS PART OF THE LAND ACQUISITION FROM JAWAHARLAL NEHRU STADIUM, KALOOR TO INFO PARK, KAKKANAD INCLUDED IN PHASE 1-B OF KOCHI METRO PROJECT. W.P.(C) No. 17110 of 2020 ::8:: On the basis of requisition received on 10-10-2016 to initiate proceedings under the RFCT LARR Act 2013 for acquisition of a total extent of 2.8603 hectares of land For the purpose of road development from Jawaharlal Nehru Stadium Kaloor to Info Park, Kakkanad in connection with the Kochi Metro comprises of 0.0940 hectares from Edappally South Village 0.3469 hectares from Block No.8 and 0.9398 hectares from Block No.9 of Vazhakkala Village, appointed Special Tahsildar(LA) No.1, Kochi Metro Rail Project and Special Tahsildar (LA) No.2, Kochi Metro Rail Project as Land Acquisition Officers vide proceedings of the District Collector No. C.10-1047/2016 dated 6-12-2017. For conducting Social Impact Study under the LARR Act 2013 the firm by name Kerala Voluntary Health Service has been selected and that the District Collector has approved the notification under 4(1) of Rule 11(3) of the Rules under the LARR Act 2013 with direction to submit report within a period of 2 months and not exceeding 6 months after conducting Social Impact Study. Thus, the Kerala Voluntary Health Service had submitted the final report of the Social Impact Study on 29-8-2018. As per the above report, the said road from Jawaharlal Nehru Stadium to Info Park, Kakkanad is of large scale vehicular traffic and an important road connecting Kochi city with other neighbouring places to have access with the city. The proposed project of Kochi Metro will cater the smooth, speedy and private travel facilities of the people and will help to change the face of Kochi City by combining all transportation sources. By reducing the traffic congestion to the surrounding areas at a large scale, the committee approved it as a public purpose as specified under sub section lb(i) of Section 2 of RFCT LARR Act 2013. The expert committee opined that by giving fair compensation, rehabilitation and resettlement to eligible families, as specified in Schedule II of RFCT LARR Act 2013, and in G.O.(Ms) 448/2017/RD of the Revenue(B) Department dated 29-12-2017, the impact of the project shall be reduced and thus, compared to the social expenses and social W.P.(C) No. 17110 of 2020 ::9:: impact as part of implementing the project, the benefits of the project will be higher. On the basis of the conclusion that the advantages of the project will be higher than the disadvantages, necessary approval can be given to take further steps for the project. In the meeting convened in this regard under the superintendence of the Chairperson of the Expert Committee at 11 hrs. in the morning of the above stated facts have been discussed in detail and it has been unanimously decided to approve the above said report and it has been approved by all persons participated in the committee. On the basis of the above facts this report is submitted before the District Collector for approval of the proceedings. Sd/- Smt.Princy Jacob, Chairperson, Kakkanad, Expert Committee. 20-10-2018.” 14. Exhibit-P5 is the guidelines issued by the Administrator, as regards rehabilitation and resettlement dated 29.12.2017, and the same reads thus: DRAFT PACKAGE PREPARED FOR REHABILITATION AND RESTORATION ON THE BASIS OF SCHEDULE No. 2 TO RFCT in LARR Act, 2013 AND ORDER OF THE REVENUE (B) DEPARTMENT G.O.(Ms) 446/2017/RD DATED 29-12-2017 A) Package for the owner who lost the house: Condition: Should reside in the affected area continuously for three years before the notification is issued and evicted from such area not his own. SI.No. In State Policy Details Amount(Rs.) 1 Financial Assistance to construct the house for the family evicted 3,00,000 4 One Time Financial Assistance for persons who had not received compensation/employment 5,00,000 W.P.(C) No. 17110 of 2020 ::10:: 5 Maintenance Grant (5000 x 12 months) 60,000 6 Transportation charges for the family evicted 50,000 10 One Time Allowance for restoration 50,000 Total 9,60,000 B) Package for tenant who lost the house: Condition: Should reside in the affected area continuously for three years before the notification is issued and evicted from such area not his own. Sl. No. in State Policy Details Amount(Rs.) 6 Transportation charges for the family evicted 50,000 10 One Time Allowance for restoration 50,000 12 One Time Allowance for shifting 30,000 Total 1,30,000 C) Package for persons who lost commercial business establishments. Condition: Individual or family who should function in the affected area continuously for three years before the notification is issued and evicted from such area not his own and thereby adversely affected their primary means of livelihood. i) Package for the owner conducting business. 4 One Time Financial Assistance for persons who had not received compensation/employment 5,00,000 5 Maintenance Grant (5000 x 12 months) 60,000 6 One time financial assistance 50,000 10 One time allowance for restoration 50,000 Total 6,60,000 ii) Package for the tenant conducting business. Including the shifting charges and other social expenses (Banks, oher financial institutions and big shops which is having an area of more than 2000 sq. feet is not entitled to get the benefit of this scheme) 4 One Time Financial Assistance for persons who had not received compensation/employment 5,00,000 5 Maintenance Grant (5000 x 12 months) 60,000 10 One time allowance for restoration 50,000 11 One Time Allowance for shifting 2,00,000 Total 810,000 W.P.(C) No. 17110 of 2020 ::11:: iii) Package for owners who lost their rent: 4 One Time Financial Assistance for persons who had not received compensation/employment 5,000,000. 8 One time financial assistance 50,000 Total 5,50,000 D) Package for the employees working in the commercial business establishments. Condition: Persons should work in the commercial business establishment functioned in the affected area continuously for three years before the notification is issued. 12 Financial Assistance for persons who lost their means of livelihood 36,000 (6000 x 6 months) Total 36,000 E) Package for persons who lost cattle shed/small petty shop 7 One Time Financial Assistance for restoration of cattle shed/small petty shops. 25,000/- to 50,000/- F) Package for shifting the prayer homes 15 Actual expense for shifting and restoration Up to a maximum of Rs.1,00,000/- G) Package for persons who lost their self employment/small business establishment. One Time Package: 8 One Time Financial Assistance 50,000/- H) Package for persons residing in Puramboke and conducting business: Condition: Should reside in the affected area/conducted business continuously for three years before the 4(1) notification is issued and evicted from such area not his own. 14 Financial Assistance Rs.30,000/- apart from the value of the building/ appurtenant thereof. (5000x 6 months) Administrator.” 15. Exhibit-P6 is the rehabilitation and resettlement packages for acquisition of land, in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the same read thus: W.P.(C) No. 17110 of 2020 ::12:: “GOVERNMENT OF KERALA Abstract Reveue Department - Rehabilitation and Resettlement. Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Approved - Orders issued. ------------------------------------------------------------------------------------------------- REVENUE (B) DEPARTMENT G.O.(Ms)No.448/2017/RD Dated, Thiruvananthapuram, 29/12/2017 ------------------------------------------------------------------------------------------------- Read 1. G.O(Ms) No. 419/11/RD dated 15.11.2011. 2. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 3. Minutes of the 'meeting convened by ACS (Revenue) on 29.05.2017 ORDER Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the necessity for a clear and transparent policy for rehabilitation and resettlement was felt. The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD,Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram, discussed the various issues related formulation of State Policy on Rehabilitation & Resettlement in lieu of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners a re faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. W.P.(C) No. 17110 of 2020 ::13:: Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed. By order of the Governor P H KURIAN ADDITIONAL CHIEF SECRETARY” APPENDIX SI. No. State Policy on Rehabilitation and Resettlement 1 Provision of housing units in case of displacement: 1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area. 2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs.300000( three lakhs rupees only) irrespective of their annual financial income. 2 Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss ofl land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family. a minimum of one acre of land in the command area of the project for which the land is acquired: W.P.(C) No. 17110 of 2020 ::14:: PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half, acres, whichever is lower. 3 Offer for developed Land: In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4 Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a). Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers. 5 Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6 Transportation cost for displaced families : Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle. W.P.(C) No. 17110 of 2020 ::15:: 7 Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- (Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be. 8 One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees. 9 Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs. 10 One time Resettlement Allowance: Each affected family shall be given a one-time \"Resettlement Allowance\" of fifty thousand rupees only. 11 Commercial Tenants: One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft. 12 Employees working in commercial establishments: Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition. 13 Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-. ( Rupees thirty thousand only) 14 Encroachers who live or run their business on puramboke Land for a minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be: 1. Rs.5,000/- p.m (Rupees Five thousand only) for 6 months. W.P.(C) No. 17110 of 2020 ::16:: 2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 15 Place of worship. In addition to land and structural value,, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary. 16. Exhibit-P7 is the draft of rehabilitation and resettlement package issued by the Deputy Collector (LA) on 25.10.2019, in Kerala Kaumudi daily and the same reads thus: “Date: 25-10-2019 Deputy Collector (LA) Kochi Metro Rail Project & Administrator, Office of the Administrator, Civil Station, Kakkanad Road Development-Land Acquisition Proceedings-Notice of Draft Rehabilitation and Restoration Scheme --------------------------------------------------------------------------------------------- Notification under Section11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with regard to the land acquisition proceedings from Jawaharlal Nehru Stadium to Kakkanadu Junction coming under the limits of Edappally South, Vazhakkala and Kakkanad Villages of Kanayannur Taluk in Ernakulam District for Kochi Metro Rail Project has been published in the Extra Ordinary Gazette Volume 7 No.3225 dated 21st December, 2018. The draft notice prepared on the basis of the G.O.(Ms) No.446/2017/RD issued by Revenue(B) Department dated 29-12-2017 to be issued to the building owners, tenants and the employees working in the above firms under the Right to Fair ompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Rules framed there under is issued as under:- LIST OF BENEFICIARIES EDAPPALLY SOUTH VILALGE Sy. No. Name Institution Owner / Lessee 1 128/1 Ramachandran Electrodes India Owner (running business institution) 2 128/ Uma Maheswari Owner 3 Nikhil kumar Dree Line Textiles Owner W.P.(C) No. 17110 of 2020 ::17:: 4 Unnikrishnan Puthoor Electronics Lessee 5 Balan Royal Bakery Owner 6 Abdul Jabbar Boofia Bakery Owner (running business institution) 7 Parsana Shihab Payasakkada Lessee 8 119/2 Joy Mevattath Owner 9 119/2 Prakashan Auto Workshop Lessee 10 119/2 Denson Matha Meats Lessee 11 120/16 Abdul Assis Organic Restaurant Owner 12 120/ 1C Abdul Manaff Owner 13 120/1B, 1C Shinil & Shibu Car Accessories Shop Owner 14 121/4 Joseph Phillip Skylight system & service Owner 15 121/4 Anilkumar & Others Owner 16 121/4 Jibin J.K. Plywoods & Glass Owner 17 121/3 Sam Mathew &Joseph Thomas Owner 18 121/3 K.S.Dinesh More Shop Lessee 19 121/3 Is-hak Romantic Homes Kitchen Interiors Lessee 20 121/3 Chosen fly.com Lessee 21 121/3 P.J.Varghese & Anitha Owner 22 Paul Anjiparambil Equipments Lessee 23 Dr. Shaji Enlight Clinic 24 IT Office 25 124/4 Moitheen Kunju Owner 26 Remeshan Tyre Shop Lessee 27 Manu Meat Shop Lessee 28 Sarbath Shameer Lessee 29 124/3 Valsa Augustine Owner 30 124/3 Varghese Jacob, Muthuthottathil veedu Owner 31 124/3 V.P.George KADS Farmers Agri Organic Bazar Lessee 32 124/9 Sajeevan Kunjattuveedu Owner 33 Suresh Electrical Repairing Lessee 34 Ratheesh Stitch Magic Ladies Tailoring Lessee 35 Sunil Real Estate Lessee 36 Thankaraj Pazhassi Travels Lessee 37 Binu Salt & Pepper Restaurant Lessee 38 126/17 V.G. Valsala Owner 39 126/17 Santhosh S.S.Hotel Lessee 40 126/17 Ramachandran Krishna Upholstery Lessee 41 126/17 Sarbath Shameer Cool drinks Lessee 42 126/17 Paily Vettikkattil & Others Owner(Resident Home) 43 126/17 Antony & Others Villanassery Owner 44 126/17 John Villanassery Owner (Small scale business Institution) 45 131/7 Indira Chako Owner 46 131/7 Mathew Cyriac Chennoth Glassess Lessee 47 128/11A V.G.Baby Owner 48 128/11A Faisal Bakery Lessee 49 124/8-2-2 Janet Veerchand Leasing & Investment Co. Owner 50 124/8-2-2 Santhosh, Sujitha, Sayan Owner (Resident W.P.(C) No. 17110 of 2020 ::18:: House) Running business Institution 51 124/8 Sajeev Owner (Resident House) Running Institution 52 124/8 Shahul Car Accessories Lessee 53 124/9 Sudhakaran Owner 54 124/9 Sajan S/o Sudhakaran Perking Air conditioner Service Owner’s son (Running business Institution) 55 124/9 K.V.Baby, W/o Sudhakaran Owner ‘s wife (Running business Institution) 56 124/4 Dr. Alexander Eye Clinic Owner 57 124/4 Abraham Medical Shop Lessee 58 124/4 K.S.Vijayan Owner 59 Ragesh Cylone Bake House Lessee 60 Ahammed Subin Selin Gateway Inn 61 121/3-1 Vijayakumarn Pillai Owner 62 119/2A1 Joseph Eapern, Vivek Owner 63 119/2A1 Shamsu Smart Car Lessee VAZHAKKALA VILLAGE 64 183/4 Jayakumar Amaron Battery Owner (Running trade institution) 65 183/4 Jacob Owner 66 Nabeel T.P.Brothers Lessee 67 Ajith Babu, S/o Joseph Owner 68 Mithun.P.Francis Windok IT Shop Lessee 69 Jose Digital Electronics Lessee 70 185/14 Jacob Jacob’s Agencies Owner (Running trade institution) 71 Jacob Resident house ((Upfloor) 72 K.V.Joseph Jayabharat Tyres Owner, Running business institution 73 Shibu Fish Stall Lessee 74 204/4 P.C. Xavier Owner 75 Jio Xavier Power Safe Agencies Lessee 76 Arjun Dream Fill Travel Agencies Lessee 77 Jose S/o Xavier Reunion Exide Agencies Lessee 78 Vimalkumar Cleestel Lessee 79 205/4 Ayyanad Service Co-operative Society Owner 80 Kumar & Rangan Hotel Aryas Lessee 81 Hydrose ‘C’ class shop Lessee 82 Sebastian Owner 83 Abdul Nazar M.M.Hardwares Lessee 84 Abdul Khader 85 Dr. Patmakumari Kottaykkal Aryavaidya Sala 86 206/4 Dr. Johnson Service Clinic Owner (Running business institution 87 Sanu Owner W.P.(C) No. 17110 of 2020 ::19:: 88 206/6 Umaiba Shoobil Lessee 89 Bijoy Driving School Lessee 90 Sakkeer Pandal decoration association office Lessee 91 206/18 Mathai Owner 92 Siddique Mobit Lessee 93 Roy Mathew Mini Muthoot Lessee 94 206/7 Shemeer Owner 95 Gireesh Chat street Lessee 96 Abdul Kareem Owner 97 Shemeer Modella Lessee 98 V.A. Jameela P.K.Traders Owner (Running t business institution) 99 206/10 P.A.Muhammed Hotel Galaxy Owner (Running trade institution) 100 Ali C class cool bar Lessee 101 206/11 Anandavally & Others Owner 102 C.O. Anto Navya Bakers Lessee 103 206/12 Kunjumuhammed K.B.K. Textiles Owner (Running business institution) 104 206/14 Ali Owner 105 Safeer Arabian Palace Lessee 106 Mahin Royal Sport Lessee 107 206/16 Abdul Rasheed, Jasmine Owner 108 V.M.Shajahan Dastils Lessee 109 208/2 & 209/2 Nazar Mullakkampillil Hardwares Owner (Running business institution) 110 Sathar Mullakkampillil Jwellery, Mobile Shop (187E) Owner (Running business institution) 111 Riyas Mobile Shop Lessee 112 Dr. Manoj Panicker Dental Clinic Owner 113 208/3 & 209/3 Salim, Iqbal Lessee 114 Sunil Finix communication Lessee 115 Samad Choice Garden Lessee 116 Majeed Pama Electronics Lessee 117 208/4 & 209/7 Nazar Fatima Cement Owner (Running business institution) 118 Sharafudin In out Berger & cafeteria Lessee 119 Ashraf Hero cartons Lessee 120 Unaisa Bag works Lessee 121 208/5 & 209/4 Anwar Owner 122 Juberi Nazeer Jisma Medicals Lessee 123 Noushad Kalappurkkal Oil Mills Owner (Running business institution) 124 Abdul Khader Fatima Super Market Owner (Running trade institution) 125 236/5 Pareeth Pilla Owner 126 Kareem Cool Bar Lessee 127 Kiran Gondon Dragon Lessee 128 Ali National Hardwares Lessee W.P.(C) No. 17110 of 2020 ::20:: 129 Madhu Kanjins Tailors Lessee 130 Kadirupilla Owner 131 Abdul Nazar Dreams Owner ‘s son (Running business institution) 132 Muhammed Basheer Shoe World Lessee 133 239/4 Muhammed Kunju, Safiya Owner 134 Thankamani Sudhan Sajas Electricals Owner (Running business institution) 135 Abdul Rahman Raacinfosys Lessee 136 Shamsu Tea Shop Lessee 137 Rahim Sun Hardwares Lessee 138 Purushan Ambily Stores Lessee 139 Rajan Charishma Electronic Lessee 140 Ibrahim Super Homes Lessee 141 St. Joseph Chruch Shrine 142 292/4 Thafsir Metal Park Owner (Running business institution) 143 Pandal Cake House Lessee 144 Samuel John & Ors. Owner 145 Shaji (Manager) Bata Show room Lessee 146 299/7 Kunjumon Owner 147 Joy & Benny Lottary Shop Lessee 148 Ibrahim Owner 149 Askar Room capes Home Furnishing Lessee 150 Ahsraff Owner 151 Sidique Arthunkal Medicals Lessee 152 Shamsudeen Owner 153 Niyas Info Tech Systems Lessee 154 Kunjumon owner 155 Sreekand Sruthi Times Lessee 156 Ismail Vismaya Barbar Shop Owner (Running trade institution) 157 Sidique Owner 158 Jaimy Fridge & T.V. repair Lessee 159 Ibrahim Owner 160 Gopi Studio Lessee 161 Ashraf Owner 162 Abdul Manaff Facility Computers Lessee 163 Shamsudeen Owner 164 Agnas Phillip Manna Beauty Lessee 165 Ismayil Owner 166 Dhanish Flex Materials Lessee 167 Kunjumon Owner 168 Shamsuddeen P.A. Modi Care Lessee 169 Siddique Owner 170 Anwar Fair enfils Lessee 171 299/8 Nazar Owner 172 Sreekumar Shibu Mobile Phone Service & Helmet Shop Lessee 173 Murali Neo Battery House Lessee 174 Radha Krishnan R.J.Tyres Lessee 175 Kniff Flower Shop Lessee 176 Jayakumar Csoft Technology Lessee 177 Pradeep & Ors. Perfect Interior Lessee W.P.(C) No. 17110 of 2020 ::21:: 178 Dr. Sulaiman Jose Homeos Lessee 179 damodharan Anjaneya (Tax, Pan Card) Lessee 180 Murali ABI Eng. Pvt. Ltd. Lessee 181 Dr. Sulaiman Al-Hilal Sadhu Samrakshana Samithy. Lessee 182 299/12 Seenath Owner 183 Shamas Metro Hardwares Lessee 184 Abdu Owner 185 Shafas Metro Power Tools Lessee 186 Hafsa Beevi Owner (Resident House, residential) 187 Saju Phillip Trees Furniture Lessee 188 Prakash Phillip Dry Cleaning, Jose Brothers Collection Centre Lessee 189 Fassal Lap top Service Centre Lessee 190 292/2 Bijoy Mathew owner 191 Binsu, D/o Bijoy Mathew Glamar Robs Lessee 192 Sandeep Tracon Courier Service Lessee 193 Praveen Avah Lessee 194 Paul Madkkal Modern modular kitchen Lessee 195 Sainaba Beevi Paint House Lessee 196 Sasi Kochi Auto Scan Lessee 197 Fousiya Kaliga Lessee 198 291/5 Jaffar owner 199 Aslam Arcon solutions (Office) Lessee 200 Bonny Entrance Academy Coaching Owner 201 291/5 Subbair Owner 202 Honey Odhani Lessee 203 Joseph Jose Brothers dry cleaning Lessee 204 Rajeswari Styleplus Beauty Parlour Lessee 205 Abu Furnitre Shop Owner (Running business institution) 206 Muhammed Haneefa Lora ladies designer boutique 207 Salam A.K. Owner 208 Gulshan GUL COOL ZONE Lessee 209 Sabeena Salam Lessee 210 Jobin Kurina ST. Button Hall Lessee 211 Miraj Excellent tax solutions Lessee 212 Vijesh P-Bilders officer Lessee 213 Zereena Ocianus bueuti Lessee 214 shanavas Pottery studio Lessee 215 Subi Angel Designer Beauti Lessee 216 Salam Owner 217 Niyas Adhunic Hair Beauty Saloon Lesee 218 Attakoya (Kunjumon) Snow white Lessee 219 Ahemmad Drunken Panda lessee 220 64/22, 64/6 Muhammed Owner 221 Sathar , S/o Muhammed Thaikkoodam bakers Lessee 222 Pathumma Owner 223 Yusafe Achuoo’s Tea Shop Lessee 224 Abdul Kareem Owner 225 Hydrose Nice –Cool Bar Lessee 226 Fakruddin Nice Tea Shop Owner (Running business W.P.(C) No. 17110 of 2020 ::22:: institution) 227 Sthar Owner 228 Hamsa Mini Tea Shop lessee 229 Hydrose Owner 230 Abdul Kareem Thaikkoodam communications Lessee 231 V.P. George Owner 232 48/5 Biju & family Residential House, (Living for rent) 233 Muhammed, Khadija Owner. 234 Moosakunju , S/o Muhammed Servo World Class Owner (Running business institution) 235 Yusuf Universal Agencies Owner (Running business institution) 236 45/22 Muhammed & Ors Owner 237 Kishore Nayana Opticals Lessee 238 V.KHussain , Hardware Workshop Lessee 239 Muhammed Kuju DG Labs Office Lessee 240 Manoj Metro Digital Studio Lessee 241 45/6 Jolly Owner 242 Rajappan Tip Top Hair Style Lessee 243 Joshy Kandathil owner 244 Faize New Item Stationary Lessee 245 junesh Dress Code Lessee 246 Muhammed Galaxy Food Ware Lessee 247 Mumtaz Hair cutting Lessee 248 Rajesh Surya Marketing Lessee 249 Firoze Galaxy marketing Lessee 250 45/1 Haiunnisa Pulikkal Furniture Owner (Running business institution) 251 Sivaraman A watch Repairing Lessee 252 Joshy George & Arun Cochin finance Lessee 253 Pareeth Real Estate Lessee 254 45/1 Jose , Johnson, Joemon J.J. Metals Owner Jose (Running Trade institution ) 255 Rajan Jaya Bakery Lessee 256 Joemon Divine Factory doors Owner Joemon Running Trade institution ) 257 George T.A. Thara studio Lessee 258 Juby N.V.Times Lessee 259 43/4 Muhammedali & Ors Owner 260 Badusha Khadi Shop Lessee 261 Ashraf City Bakery Owner (Running business institution 262 Hameed Foot & Steps Lessee 263 Hashim Adayakada Lessee 264 43/3, 43/5 N.H. Joseph Owner 265 Salam Vazhakkala Adayakkada Lessee 266 Yusuf Variety Adayakkada Lessee 267 Jaffar Variety Fashion Lessee 268 Abdul Salam Vegetable Shop Lessee 269 43/3, 43/5 Souryar Owner W.P.(C) No. 17110 of 2020 ::23:: 270 Nelson, S/o Souryar Internet World (Net café) Owner (Running business institution 271 China W/o Souryar Photostat Printing Owner’s Wife (Running business institution ) 272 Benny N.J. All Tech Net Service Lessee 273 Dixon , S/o Souryar Residential House, Owner’s son 274 Subair Bava’s Collections Lessee 275 Muhammed rafi Cycle Shop Lessee 276 4/21 Ibrahim Owner 277 Rafeeque New Royal Two Wheeler work shop Lessee 278 Kunjumon Owner 279 Badusha Bismilla Cool Bar Lessee 280 Tintu Chappathi Point Lessee 281 Anwar Furny land Lessee 282 Ansari Owner 283 Ansad Yasin cafeteria Lessee 284 Kunjumon Owner (Resident house , residential ) 285 Mahin kutyy Auto Care, Lessee 286 3/1 Thnkam Sreedharan Owner 287 Rahim House of Mobile lessee KAKKANAD VILLAGE 288 342/40 P.B.Antony, S/o Bapu National trades and agency Owner 289 493/4 Abdul Khayim S/o Abuld Gaffoor Owner 290 550/3 Poulose S/o Kuriakose Residential house 291 Raji. C. T. , Ardra Residential house 292 551/2 Pappakodath Varuth wife Kaly’s heirs Residential house 293 Purushan , S/o Varuth Residential house Details of affected persons pursuant to the Project as found in the survey conducted through the Land Acquisition Office has been published in the Website of the District Collector and in the office of the Special Tahsildar, Land Acquisition No.1, Kochi Metrol Rail Project, Kakkanad and Special Tahsildar, Land Acquisition No.2, Kochi Metrol Rail Project, Kakkanad and also in the office of the Kochi Corporation, Revenue Divisional Office, Fort Kochi, Taluk Office, Kanayannur and Village Office, Poonithura. It is proposes to give compensation as per the above said package before 31-3-2020. The date and place of the public meeting regarding the above said package will be intimated to the parties concerned through notice. Deputy Collector(LA) & Administrator Kochi Metro Rail Project, Kakkanad.” 17. Exhibit-P8 is the proceedings of the Land Revenue W.P.(C) No. 17110 of 2020 ::24:: Commissioner, Thiruvananthapuram, dated 11.3.2020 and it reads thus: “PROCEEDINGS OF THE LAND REVENUE COMMISSIONER (Public Office Compound, Museum Junction, Thiruvananthapuram) (Present: C.A.LATHA IAS) No. L.R.C4-7251 /2020 Dated 11.03.2020. Sub:- Ernakulam District - Kochi Metro - Land acquisition from Jawaharlal Nehru Stadium to Info Park, Kakkanad- Approving R.R. Package - order issued. Ref:- Letter No.C12-1047/2016 of the District Collector dated 25-1-2020, 26-2-2020 and 5-3-2020. Administrative sanction has been given vide G.O.(Ms) No.54/2017/ Trans dated 2-6-2017 to acquire the land for Kochi Metro for the road development from Jawaharlal Nehru Stadium to Info Park, Kakkanad of Kanayannur Taluk in Ernakulam District. Social Impact Assessment of the Project has been conducted under the LARR Act, 2013; the final report has already been approved by the District Collector and it has been published in the office website and other prescribed places. Thereafter the notification for the above acquisition of land under Section 11(1) has been published in Mangalam and Desabhimani dailies dated 3-3-2019 and also in Extra ordinary Gazette No.3225 Volume 7 dated 21-12-2018 and by invoking the powers vested upon the authorities under Section 19(7) of the LARR Act, order was issued extending the time limit for publication of the proclamation for three months from 21-12-2019 in appropriate cases. As per order in G.O.(P) 590/15/RD issued under Section 43(1) of the LARR Act the Deputy Collector(LA) of the respective Districts were deputed as Administrator. The package was prepared vide G.O. (Ms) No.448/17/RD dated 29-12-2017. The package prepared by the Administrator thus was published in the Kerala Kaumudi daily dated 26-10-2019 and in the office of the Tahsildar(LA), Tripunithura Municipality and Cochin Corporation. Public Meeting regarding R&R Package was conducted on 11-11-2019, 12-11-2019 and 13-11-2019 and thereupon the above said package was submitted to the Land Revenue Commissioner with modifications for approval. Order vide G.O.(P) 589/15/RD dated 1-11-15 has been issued under Section 44 of the RFCT LARR Act authorizing the Land Revenue Commissioner as the Commissioner for approving the Rehabilitation and Restoration Package. The details of the Package submitted by the District Collector is furnished hereunder. Edappally Village W.P.(C) No. 17110 of 2020 ::25:: Sl No Name Rehabilitation & Resettlement benefits G.O. (M.S)448/17/ RD dtd 28/12/2017 according to the components Amount Sl. No. Name Rehabilitation & Resettlement benefits G.O. (M.S)448/17/ RD dtd. 28/12/2017 according to the components Amount 1 C.S.Ramachandran 4,5,10 610000 30 Life David 4,5,10 610000 2 Uma Maheswari .V.P. 4.8 550000 31 Jayakumar.P 4,5,10 610000 3 K.K. Nikhilkumar 4,5,8,10 660000 32 Hafsa Beevi 1,4,5,6,8,10 1010000 4 Unnikrishnan. K.R. 4,5,10 610000 33 Shyni Saju 4,5,10 610000 5 K. Balan 4,5,10 610000 34 Fazal K.M 4,5,10 610000 6 K.P. Sajeevan Kunjattu Veedu 4,8 550000 35 Muhammed Gulshar.S.A. 4,5,10 610000 7 Suresh.I.A. Illiparambil Veedu 4,5,10 610000 36 Atta Koya (Kunjumon) 4,5,10 610000 8 Binu.K.S. 4,5,10 610000 37 Muhammed hiers wife, Pathu & Ors 4,5,8,10 660000 9 V.G.Valsala 4,8 550000 38 Yusuf T.E. 11 200000 10 SanthoshkumarP.K. 4,5,10 610000 39 N.M. Hamsa 11 200000 11 Ramachandran 4,5,10 610000 40 Kishorkumar .R. 4,5,10 610000 12 Jude.V.F. Villanassery Veedu 4,5,8,10 660000 41 V.K.Hussain 4,5,10 610000 13 Santhosh, Sugitha, Sayan, Sajeev 1,4,5,5,6,8,10, 10 1120000 42 Manoj T.G. 4,5,10 610000 14 K.S.Vijayan, Sheela Vijayan 4,8 550000 43 Joshy Kandathil 4,8 550000 VAZHAKKALA VILLAGE 44 Magi Tomy & Vijayalaks-hmi 4,5,10 610000 1 Abdul Nazar, Mundoorpilliyil 4,5,10 610000 45 S.M.Faizal 4,5,10 610000 2 N.A. Ali 4,8 550000 46 Juniadh 4,5,10 610000 3 Riyas.V.P., Sunil T.M. 4,5,10 610000 47 Muhammed.K.A. 4,5,10 610000 4 Nazar.M.K. 4,5,8,10 660000 48 Najumudeen 11 200000 5 Ashraf M.M. 4.5.10 610000 49 Rajesh.C.S. 4,5,10 610000 6 Thankamani Sudhan 11 200000 50 Muhammed Badusha 4,5,10 610000 7 Rayis Abdul Rahman 11 200000 51 K.A.Hameed 4,5,10 610000 8 Abdul Rahim E.K. 11 200000 52 Muhammed Shahim & Ors. 4,5,10 610000 9 A.K.Purushan 11 200000 53 N.X.Joseph 4,8 550000 10 V.S. Rajan 11 200000 54 N.X.George 4,8, 550000 11 St. Joseph Church 15 100000 55 K.P.Salam 4,5,10 610000 12 Ibrahim P.T. 4,8 550000 56 A.M.Yusuf 4,5,10 610000 13 Benny Antony (Askar) 4,5,10 610000 57 Muhammed Ali Jaffer 4,5,10 610000 14 Ashraf P.P. 4,8 550000 58 Souryar.N.V. 4,8 550000 15 Sidique P.P. 4,5,8,10 660000 59 Nelson, S/o. Xavier 4,5,10 610000 16 Shamsudeen P.P.. Palliparambil Veedu 4,8 550000 60 China, W/o. Souryar 5,10 110000 17 Ali M.A. 4,5,10 610000 61 Subair Bava 4,5,10 610000 18 Kunjmon P.P. 4,8 550000 62 Muhammed Rafi 4,5,10 610000 19 Sreekanthan C.B. 4,5,10 610000 63 V.A. Ibrahim 4,8 550000 W.P.(C) No. 17110 of 2020 ::26:: 20 Ismail P.P & Ors. 4,5,8,10 660000 64 Rafeek.O.H. 4,5,10 610000 21 Jaime 4,5,10 610000 65 Kunjumon K.S. 1,4,5,6,8,10 1010000 22 Gopi. M.P 4,5,10 610000 66 K.B.Mahin- kutty 4,5,10 610000 23 Abdul Manaf. P.M. 4,5,10 610000 KAKKANAD VILLAGE 24 Dhanesh C.T. 4,5,10 610000 1 Poulose, S/o. Kuriakose 1,4,5,6,10 960000 25 Anwar K.K. 4,5,10 610000 2 Raji.C.T., Ardra 4,8 550000 26 Nazar, Pathu 4,8 550000 3 Mohanan & Ors., Legal heirs of Kali, W/o Pappakodath Varuth 1,4,5,6,10 960000 27 P.G.Shibu, C.B. Sreekumar 4,5,10 610000 4 P.B.Purushan, S/o Varuth 1,4,5,6,10 960000 28 Muraleedharan K.C. 4,5,10 610000 TOTAL 48650000 29 Radhakrishnn. T. 4,5,10 610000 The Package submitted by the District Collector has been examined in detail. It is seen that all procedural formalities in the Land Acquisition Rules, 2015 have been compiled therein. As per law Rehabilitation package is to be given for the persons who surrendered the land for public purpose. As stated above, the package submitted by the District Collector with recommendation has been hereby approved. The Administrator should take further action regarding the Rehabilitation Package and the details of action taken should be reported to this office. It is hereby further authorize the District Collector to furnish the Scheme approved for Rehabilitation and Restoration under Section 18 of the LARR Act 2013 in the Panchayat, Municipality and Municipal Corporations and in the office of the District Collector, Sub Divisional Magistrate and Tahsildar in the local language and to publish the same in the affected areas and also to publish in any of the Malayalam Daily having circulation in the affected area under Rule 21(6). Sd/- Commissioner. Copy: (1) District Collector, Ernakulam. (2) Administrator & L.A. Deputy Collector (Kochi Metro) Ernakulam. By order Sd/- Superintendent.” 18. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established W.P.(C) No. 17110 of 2020 ::27:: under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto. 19. Section 3 of the LARR Act, 2013 deals with definition and the relevant portions are extracted hereunder: “3. Definition.–In this Act, unless the context otherwise requires,— (a) ”Administrator” means an officer appointed for the purpose of rehabilitation and resettlement of affected families under sub- section (1) of section 43; (b) xxxxxxxxxx (c) ―affected family includes— (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years W.P.(C) No. 17110 of 2020 ::28:: prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; (iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land; (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; (v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; (vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; (d) xxxxxxxxxxx (e) “appropriate Government” means,— (i) in relation to acquisition of land situated within the territory of, a State, the State Government; (ii) in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government; (iii) in relation to acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry; (iv) in relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; and (v) in relation to the acquisition of land for the purpose of the Union as may be specified by notification, the W.P.(C) No. 17110 of 2020 ::29:: Central Government: Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government, the Collector of such District shall be deemed to be the appropriate Government; (f) ”Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority established under Section 51; (g) 'Collector” means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act; (h) ”Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of Section 44; (i) ”cost of acquisition” includes— (i) amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court; (ii) demurrage to be paid for damages caused to the land and standing crops in the process of acquisition; (iii) cost of acquisition of land and building for settlement of displaced or adversely affected families; (iv) cost of development of infrastructure and amenities at the resettlement areas; (v) cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act; (vi) administrative cost,— (A) for acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government; W.P.(C) No. 17110 of 2020 ::30:: (B) for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition; (vii) cost of undertaking “Social impact Assessment study” (J) xxxxxxxxxxx (k) ”displaced family” means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area; (l) xxxxxxxxxxx (m) “family” includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him: Provided that widows, divorcees and women deserted by families shall be considered separate families. Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act; (n) “holding of land” means the total land held by a person as an owner, occupant or tenant or otherwise; (o) xxxxxxxxxxx (P) xxxxxxxxxxx (q) xxxxxxxxxxx (r) “land owner” includes any person,— (i) whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or (ii) any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or (iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or W.P.(C) No. 17110 of 2020 ::31:: (iv) any person who has been declared as such by an order of the court or Authority; (s) xxxxxxxxxxx (t) xxxxxxxxxxx (u) “market value” means the value of land determined in accordance with section 26; (v) xxxxxxxxxxx (w) xxxxxxxxxxx (x) “Person interested” means— (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected; (y) “Prescribed” means prescribed by rules made under this Act;” 20. Chapter IV of the LARR Act, 2013 deals with Notification and Acquisition. Section 16 of Chapter IV of the Act speaks about preparation of Rehabilitation and Resettlement Scheme by the Administrator and the same reads thus:- “(1) Upon the publication of the preliminary notification under W.P.(C) No. 17110 of 2020 ::32:: sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include— (a) particulars of lands and immovable properties being acquired of each affected family; (b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired; (c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved; (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and (e) details of any common property resources being acquired. (2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved- (i) a list of Government buildings to be provided in the Resettlement Area; (ii) details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area. (3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include a time limit for implementing Rehabilitation and Resettlement Scheme. (4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities. (5) A public hearing shall be conducted in such manner as W.P.(C) No. 17110 of 2020 ::33:: may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: Provided that in case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired: Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). (6) The Administrator shall, on completion of public hearing submit the draft Scheme for 17 Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector.” 21. Section 17 of the Act speaks about review of the Rehabilitation and Resettlement Scheme, and the same reads thus:- “(1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45. (2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. 22. Section 18 of the Act speaks about the Approved Rehabilitation and Resettlement Scheme to be made public, and the same reads thus” “18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall W.P.(C) No. 17110 of 2020 ::34:: be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.” 23. Section 19 of the Act speaks about the Publication of declaration and summary of Rehabilitation and Resettlement, and the same reads thus: “19. Publication of declaration and summary of Rehabilitation and Resettlement.– (1) When the appropriate Government is satisfied, after considering the report, if any, made under sub- section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the ―resettlement area‖ for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required). (2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1): Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land: Provided also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under section 11. (3) In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified. (4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely:— W.P.(C) No. 17110 of 2020 ::35:: (a) in the Official Gazette; (b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; (d) uploaded on the website of the appropriate Government; (e) in the affected areas, in such manner as may be prescribed. (5) Every declaration referred to in sub-section (1) shall indicate,— (a) the district or other territorial division in which the land is situated; 18 (b) the purpose for which it is needed, its approximate area; and (c) where a plan shall have been made for the land, the place at which such plan may be inspected without any cost. (6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act. (7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: PROVIDED that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded: PROVIDED FURTHER that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: PROVIDED ALSO that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.” 24. Section 21 of the Act, 2013 speaks about notice to persons interested, and the same reads thus: W.P.(C) No. 17110 of 2020 ::36:: “21. Notice to persons interested.– (1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20. (3) The Collector may in any case require such statement referred to in sub-section (2) to be made in writing and signed by the party or his agent. (4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situated. (5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of place or business and also publish the same in at least two national daily newspapers and also on his website.” 25. Section 22 speaks about the power to require and enforce the making of statements as to names and interests, and the same reads thus: “22. Power to require and enforce the making of statements as to names and interests.– (1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or W.P.(C) No. 17110 of 2020 ::37:: otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. (2) Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).” 26. Section 23 of the Act, speaks about enquiry and land acquisition award by Collector, and the same reads thus: “23. Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of— (a) the true area of the land; (b) the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land; and (c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.” 27. Section 26 of the Act speaks about determination of market value of land by Collector, and the same reads thus: “26. Determination of market value of land by Collector.– (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:— (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or W.P.(C) No. 17110 of 2020 ::38:: agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11. Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. Explanation 3.—While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration. Explanation 4.—While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value (2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule. (3) Where the market value under sub-section (1) or sub- section (2) cannot be determined for the reason that— (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land W.P.(C) No. 17110 of 2020 ::39:: are not available for the immediately preceding three years; or (c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas: Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1): Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area: Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.” 28. Section 27 of the Act speaks about determination of amount of compensation, and the same reads thus: “27. Determination of amount of compensation.– The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. W.P.(C) No. 17110 of 2020 ::40:: 29. Section 28 of the Act speaks about parameters to be considered by Collector in determination of award, and the same reads thus: “28. Parameters to be considered by Collector in determination of award.– In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration— firstly, the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector's taking possession of the land; and seventhly, any other ground which may be in the interest of equity, justice and beneficial to the affected families.” 30. Section 29 of the Act speaks about determination of value of things attached to land or building, and the same reads thus: W.P.(C) No. 17110 of 2020 ::41:: “29. Determination of value of things attached to land or building.– (1) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him. (2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. (3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him.” 31. Section 30 of the Act speaks about award of solatium, and the same reads thus: “(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. of the compensation amount. Explanation.—For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired. (2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. (3) In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market W.P.(C) No. 17110 of 2020 ::42:: value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.” 32. Chapter V of the Act, 2013 deals with Rehabilitation and Resettlement Award. Section 31 in Chapter V of the Act speaks about Rehabilitation and Resettlement Award for affected families by Collector, and the same reads thus:- “(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:— (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; (c) particulars of house site and house to be allotted, in case of displaced families; (d) particulars of land allotted to the displaced families; (e) particulars of one time subsistence allowance and transportation allowance in case of displaced families; (f) particulars of payment for cattle shed and petty shops; (g) particulars of one-time amount to artisans and small traders; (h) details of mandatory employment to be provided to the members of the affected families; (i) particulars of any fishing rights that may be involved; (j) particulars of annuity and other entitlements to be provided; (k) particulars of special provisions for the Scheduled Castes and W.P.(C) No. 17110 of 2020 ::43:: the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable” Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index.” 33. Section 37 of the Act, 2013 speaks about awards of Collector when to be final, and the same reads thus: “(1) The Awards shall be filed in the Collector‘s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made. (3) The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose.” 34. Chapter VI of the Act deals with Procedure and Manner of Rehabilitation and Resettlement. Section 43 in Chapter VI of the Act speaks about appointment of Administrator, and the same reads thus:- “(1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. W.P.(C) No. 17110 of 2020 ::44:: (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. (3) Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.” 35. Section 44 of the Act speaks about Commissioner for rehabilitation and resettlement and the same reads thus:- “(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post- implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas.” 36. Section 45 of the Act deals with rehabilitation and resettlement committee at project level, and the same reads thus:- “(1) Where land proposed to be acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the 26 appropriate Government, the following members, namely:— W.P.(C) No. 17110 of 2020 ::45:: (a) a representative of women residing in the affected area; (b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area; (c) a representative of a voluntary organisation working in the area; (d) a representative of a nationalised bank; (e) the Land Acquisition Officer of the project; (f) the Chairpersons of the panchayats or municipalities located in the affected area or their nominees; (g) the Chairperson of the District Planning Committee or his nominee; (h) the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees; (i) a representative of the Requiring Body; and (j) Administrator for Rehabilitation and Resettlement as the Member-Convenor. (3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the appropriate Government.” 37. Section 47 of the Act speaks about quantification and deposit of rehabilitation and resettlement amount, and the same reads thus:- “47. Quantification and deposit of rehabilitation and resettlement amount.–Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 43, under the supervision of the Collector.” 38. Chapter VIII of the LARR Act, 2013 deals with Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. Section 51 in Chapter VIII speaks about Establishment of Land Acquisition, Rehabilitation and Resettlement Authority and the same reads thus:- W.P.(C) No. 17110 of 2020 ::46:: “51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.– (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as “the Land Acquisition, Rehabilitation and Resettlement Authority‖ to exercise jurisdiction, powers and authority conferred on it by or under this Act. (2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to 28 sub-section (1) of section 64. 39. Section 60 under Chapter VIII of the Act deals with Powers of Authority and procedure before it and the same reads thus:- “60. Powers of Authority and procedure before it.– (1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed. (2) The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 64. W.P.(C) No. 17110 of 2020 ::47:: (3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure. (4) The Authority shall, after receiving reference under section 64 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly. (5) The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.” 40. Section 61 of the Act speaks about proceedings before Authority to be judicial proceedings, and the same reads thus:- “61. Proceedings before Authority to be judicial proceedings.–All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).” 41. Section 64 of the Act speaks about reference to Authority, and the same reads thus:- “64. Reference to Authority.– (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it W.P.(C) No. 17110 of 2020 ::48:: is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested: PROVIDED that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority: PROVIDED FURTHER that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. (2) The application shall state the grounds on which objection to the award is taken: PROVIDED that every such application shall be made— (a) person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector‘s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector‘s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso. 42. Section 65 of the Act speaks about Collector’s statement to Authority and the same reads thus:- “65. Collector’s statement to Authority.– (1) In making the reference, the Collector shall state for the information of the Authority, in writing under his hand— (a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid or tendered W.P.(C) No. 17110 of 2020 ::49:: under section 13, and the amount of compensation awarded under the provisions of this Act; (d) the amount paid or deposited under any other provisions of this Act; and (e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively.” 43. Section 66 in Chapter VIII of the Act, 2013 deals with Service of notice by Authority and the same reads thus:- “66. Service of notice by Authority.– The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely:— (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector. 44. Section 69 of the Act speaks about restriction on scope of proceedings, and the same reads thus:- “67. Restriction on scope of proceedings.– The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection. 68. Proceeding to be in public.–Every such proceeding shall take place in public, and all persons entitled to W.P.(C) No. 17110 of 2020 ::50:: practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.” 45. Section 68 of the Act speaks about proceedings to be in public and the same reads thus:- “Every such proceeding shall take place in public, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.” 46. Section 69 of the Act speaks about determination of award by authority, and the same reads thus:- “(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act. (2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation.—In computing the period referred to in this sub- section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. (3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one W.P.(C) No. 17110 of 2020 ::51:: hundred per cent. over the total compensation amount.” 47. Section 70 of the Act speaks about form of award, and the same reads thus:- “(1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908).” 48. Section 72 of the Act states that Collector may be directed to pay interest on excess compensation, and the same reads thus:- “If the sum, which in the opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from the date on which he took possession of the land to the date of payment of such excess into Authority: PROVIDED that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said W.P.(C) No. 17110 of 2020 ::52:: period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such expiry.” 49. Section 73 of the Act speaks about re-determination of amount of compensation on the basis of the award of the Authority, and the same reads thus:- “(1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 23, the persons interested in all the other land covered by the same preliminary notification under section 11, and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Authority: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub- section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub- section (2) may, by written application to the Collector, require that W.P.(C) No. 17110 of 2020 ::53:: the matter be referred by the Collector for the determination of the Authority concerned.” 50. Section 74 of the Act deals with appeal to High Court, and the same reads thus:- “(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. (2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court. Explanation.—For the purposes of this section, “High Court” means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated.” 51. Chapter IX of the Act deals with apportionment of compensation. Section 75 in Chapter IX of the Act speaks about particulars of apportionment to be specified, and the same reads thus:- “75. Particulars of apportionment to be specified.– When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.” 52. Section 76 of the Act speaks about particulars of apportionment W.P.(C) No. 17110 of 2020 ::54:: to be specified, and the same reads thus:- “76. Dispute as to apportionment.– When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.” 53. Chapter X of the Act deals with payment. Section 77 in Chapter X of the Act speaks about payment of compensation or deposit of same in Authority, and the same reads thus:- “(1) On making an award under section 30, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2). (2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any W.P.(C) No. 17110 of 2020 ::55:: compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.” THE FIRST SCHEDULE [See section 30(2)] COMPENSATION FOR LAND OWNERS The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government,- Serial Numb er Component of compensation package in respect of land acquired under the Act Manner of determination of value Date of determination of value (1) (2) (3) (4) 1 Market value of land To be determined as provided under section 26. 2 Factor by which the market value is to be multiplied in the case of rural areas 1.00 (One) to 2.00 (Two) based on the distance of project from urban area, as may be notified by the appropriate Government. 3 Factor by which the market value is to be multiplied in the case of urban areas 1(One) 4 Value of assets attached to land or building To be determined as provided under section 29 5 Solatium Equivalent to one hundred per cent. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial number 4 under column (2) 6 Final award in rural areas Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 W.P.(C) No. 17110 of 2020 ::56:: under column (2). 7 Final award in urban areas Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 3 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under column (2). 8 Other component, if any, to be included THE SECOND SCHEDULE [See sections 31(1), 38(1) and 105(3)] ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE. Serial Number Elements of Rehabilitation and Resettlement Entitlements Entitlement/provision Whether provided or not (if provided, details to be given) (1) (2) (3) (4) 1. Provision of housing units in case of displacement (1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Ashwas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family W.P.(C) No. 17110 of 2020 ::57:: in urban areas which opts not to take the house offered, shall get a one- time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees: Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house: Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act. Explanation.–The houses in urban area may, if necessary, be provided in multi-storied building complexes. 2. Land for Land In the case of irrigation project, as far as possible and in lieu of compensation to be paid for land acquired, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: Provided that in every project those persons losing land and belonging to the Scheduled Castes or the Scheduled Tribes will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower. 3. Offer for Developed Land In case the land is acquired for urbanisation purposes, twenty per cent. of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land W.P.(C) No. 17110 of 2020 ::58:: acquired and at a price equal to the cost of acquisition and the cost of development: Provided that in case the land owning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4. Choice of Annuity or Employment The appropriate Government shall ensure that the affected families are provided with the following options: (a) where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of five lakhs rupees per affected family; or (c) annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. 5. Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. In case of displacement from the Scheduled Areas, as far as possible, the affected families shall be relocated in a similar ecological W.P.(C) No. 17110 of 2020 ::59:: zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6. Transportation cost for displaced families Each affected family which is displaced shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle. 7. Cattle shed/Petty shops cost Each affected family having cattle or having a petty shop shall get one- time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. 8. One-time grant to artisan, small traders and certain others Each affected family of an artisan, small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees. 9. Fishing rights In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government. 10. One-time Resettlement Allowance Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 11. Stamp duty and registration fee (1) The stamp duty and other fees payable for registration of the land or W.P.(C) No. 17110 of 2020 ::60:: house allotted to the affected families shall be borne by the Requiring Body. (2) The land for house allotted to the affected families shall be free from all encumbrances. (3) The land or house allotted may be in the joint names of wife and husband of the affected family. 54. In exercise of the powers conferred by sub-section (1) and clauses (b), (e), (f), (g), (h), (i) ,(j), (k), (l), (m), (o), (p), (r), (s), (t) and (u) of sub-section (2) of Section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), the Central Government have framed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015. 55. Rule 7 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 speaks about Preparation of Rehabilitation and Resettlement Scheme and public hearing, and the same reads thus: “7. Preparation of Rehabilitation and Resettlement Scheme and public hearing.– (1) Upon publication of the preliminary notification under sub- section (1) of section 11, the Administrator shall conduct a survey and undertake a census of the affected families within a period of two months from the date of publication of such preliminary W.P.(C) No. 17110 of 2020 ::61:: notification. (2) For the purpose of the survey to be conducted and the census of the affected families to be undertaken by the Administrator, he shall take into account – (a) the Social Impact Assessment report; (b) the records of the Panchayat, Municipality or Municipal Corporation, as the case may be, and other Government records. (3) The Administrator shall get the data verified by door to door visit of the affected families and by site visits in case of infrastructure projects in the affected area. (4) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall, in addition to the particulars mentioned in the sub-section (2) of section 16, contain the following, namely:– (a) list of affected families with Aadhaar number of its members, if available; (b) list of displaced families with Aadhaar number of its members, if available; (c) list of infrastructure in the affected area; (d) list of land holdings in the affected area; (e) list of trees, buildings, other immovable property or assets attached to the land or building which are to be acquired; (f) list of trades or businesses in the affected area; (g) list of persons belonging to the Scheduled Castes or the Scheduled Tribes, the handicapped or physically challenged persons in the affected area: Provided that in case a person does not have an Aadhaar number, efforts may be made to get him so enrolled, provided he gives his consent for such enrolment and the claims of the affected families may be facilitated by carrying out consent-based Aadhaar authentication service. (5) The Administrator shall give wide publicity to the draft W.P.(C) No. 17110 of 2020 ::62:: Rehabilitation and Resettlement Scheme in the affected area through publication in the following manner, namely:- (a) in the Official Gazette; (b) in two daily newspapers being circulated in the locality of such area of which one shall be in the regional language: Provided that in a place where such media is not available, then this clause shall not apply; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, Taluk, Sub-division or Block, as the case may be; (d) uploaded on the website of the appropriate Government. (6) The Administrator or an officer authorised by him shall conduct a public hearing in the affected areas by issuing advance notice of three weeks on the date, time and venue mentioned in the said notice in accordance with the provisions of rule 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014, dated the 8th August, 2014.” 56. Rule 8 of the rules speaks about publication of the approved Rehabilitation and Resettlement Scheme, and the same reads thus: “8. Publication of the approved Rehabilitation and Resettlement Scheme.– The Commissioner shall publish the approved Rehabilitation and Resettlement Scheme by affixing it in conspicuous places in the affected area.” 57. Rule 11 of the rules speaks about land acquisition award, and the same reads thus: “11. Land acquisition award.– The land acquisition award referred to in section 23 shall be made in FORM VI and FORM VII.” 58. Chapter V of the Rules, 2015 deals with Administrator, W.P.(C) No. 17110 of 2020 ::63:: Rehabilitation and resettlement Committee, and National Monitoring Committee. Rule 16 in Chapter V of the rules speaks about the powers, duties and responsibilities of Administrator, and the same reads thus: “16. Powers, duties and responsibilities of Administrator.– The Administrator shall have the following powers, duties and responsibilities, namely:- (a) to conduct a survey and undertake a census of the affected families and details of livestock possessed by each affected family in accordance with rule 7; (b) to prepare a draft Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft Scheme); (c) to give wide publicity to the draft Scheme in accordance with sub-rule (5) of rule 7 in the affected areas; (d) to make the draft Scheme available to the concerned persons and authorities; (e) to organise and conduct public hearings on the draft Scheme; (f) to submit the draft Scheme to the Collector; (g) to execute and monitor the Rehabilitation and Resettlement scheme; (h) to assist the Commissioner in post-implementation social audit of Rehabilitation and Resettlement Scheme; and (i) any other work required to be done for Rehabilitation and Resettlement.” 58. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as the RFCTLARR Act) came into effect from 1st January, 2014. 59. And whereas, sub-section (3) of Section 105 of the RFCTLARR Act provided for issuing of notification to make the provisions of the Act relating to, the determination of the compensation, rehabilitation and W.P.(C) No. 17110 of 2020 ::64:: resettlement applicable to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act; 60. And whereas, the notification envisaged under sub-section (3) of Section 105 of the RFCTLARR Act was not issued, and the RFCTLARR (Amendment) Ordinance, 2014 (9 of 2014) was promulgated on 31st December, 2014, thereby, inter alia, amending Section 105 of the RFCTLARR Act to extend the provisions of the Act relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act; 61. And whereas, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 3rd April, 2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2014; 62. And whereas, the RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30th May, 2015 to give continuity to the provisions of the RFCTLARR (Amendment) Ordinance, 2015 (4 of 201 5); And whereas, the replacement Bill relating to the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was referred to the Joint Committee of the Houses for examination and report, and the same is pending with the Joint Committee; 63. As whereas, as per the provisions of Article 123 of the W.P.(C) No. 17110 of 2020 ::65:: Constitution the RFCTLARR (Amendment) Second Ordinance, 2015 (5 of 2015) shall lapse on the 31st day of August, 2015 and thereby placing the land owners at the disadvantageous position, resulting in denial of benefits of enhanced compensation and rehabilitation and resettlement to the cases of land acquisition under the 13 Acts specified in the Fourth Scheduled to the LARR Act as extended to the land owners under the said Ordinance; 64. And whereas, the Central Government considers it necessary to extend the benefits available to the landowners under the RFCTLARR Act to similarly placed land owners whose lands are acquired under the 13 enactments specified in the Fourth Schedule and accordingly the Central Government keeping in view the aforesaid difficulties has decided to extend the beneficial advantage to the land owners and uniformly apply the beneficial provisions of the RFCTLARR Act, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the land owners. Therefore, in exercise of the powers conferred by sub-section (1) of Section 113 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Central Government have passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015. The order came into force with effect W.P.(C) No. 17110 of 2020 ::66:: from the 1st day of September, 2015. 65. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act. 66. Government order dated 23.09.2015 issued by the Principal Secretary to Government, Revenue (B) Department, Government of Kerala, approving the State Policy for Compensation and Transparency in land acquisition, along with the appendix, are extracted hereunder: “GOVERNMENT OF KERALA Abstract Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued. ------------------------------------------------------------------------------------ REVENUE (B) DEPARTMENT G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015 -------------------------------------------------------------------------------------------- Read:- G.O.(P) No.470/2015/RD dated 19/09/2015 O R D E R The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair W.P.(C) No. 17110 of 2020 ::67:: compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. 2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy. 3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purposes, the Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC). (By Order of the Governor) Dr. Vishwas Mehta Principal Secretary to Government” Appendix W.P.(C) No. 17110 of 2020 ::68:: W.P.(C) No. 17110 of 2020 ::69:: W.P.(C) No. 17110 of 2020 ::70:: W.P.(C) No. 17110 of 2020 ::71:: W.P.(C) No. 17110 of 2020 ::72:: 67. Circular dated 17.10.2015 issued by the Principal Secretary to Government, Revenue (B) Department, as regards issuance of instructions for passing awards, is extracted hereunder: W.P.(C) No. 17110 of 2020 ::73:: W.P.(C) No. 17110 of 2020 ::74:: W.P.(C) No. 17110 of 2020 ::75:: W.P.(C) No. 17110 of 2020 ::76:: W.P.(C) No. 17110 of 2020 ::77:: W.P.(C) No. 17110 of 2020 ::78:: W.P.(C) No. 17110 of 2020 ::79:: 68. Bare reading of Exhibit-P5 dated 29.12.2017, draft package prepared for Rehabilitation and Restoration, on the basis of the Second Schedule to RFCTLARR Act, 2013 dated 29.12.2017, makes it clear that, it does not deal with the First Schedule of the LARR Act, 2013. Exhibit-P5 takes care of the following: A. Package for the owner who lost the house; B. Package for tenant who lost the house; C. Package for persons who lost commercial business establishments; C(i). Package for the owner conducting business; C(ii). Package for the tenant conducting business; C(iii). Package for owners who lost their rent; D. Package for the employees working in the commercial business establishments; E. Package for persons who lost cattle shed/small petty shop; F. Package for shifting the prayer homes; G. Package for persons who lost their self employment/small business establishment; H. Package for persons residing in Poramboke and conducting business. 69. Reading of Exhibit-P6 dated 29.12.2017 makes it clear that, Government of Kerala have decided to give more assistance rather than what is included in the Second Schedule to the LARR Act, 2013. There are several benefits in Exhibit-P6. Both the Government orders speak about the package and more financial assistance to be provided to various persons, under different heads. 70. Exhibit-P7 dated 25.10.2019 is the draft of rehabilitation and W.P.(C) No. 17110 of 2020 ::80:: resettlement package issued by the Deputy Collector (LA) on 25.10.2019, in Kerala Kaumudi daily. The draft contains the names of owners, owners running business institutions, lessees, owners (Resident House), owners (small-scale business institutions), and many others. 71. The Deputy Collector (LA) & Administrator, Kochi Metro Rail Project, Kakkanad, in his proceedings dated 25.10.2019, has stated that the date and place of the public meeting regarding the payment of compensation as per the Rehabilitation and Restoration Scheme, would be intimated to the parties through notice and also proposed to give compensation before 31.03.2020. 72. Reading of the proceedings dated 11.03.2020 of the Land Revenue Commissioner shows that, pursuant to Exhibit-P7 dated 25.10.2019 of the Administrator, public meetings regarding the Rehabilitation and Restoration package have been conducted on 11.11.2019, 12.11.2019 and 13.11.2019 respectively, and thereupon, the said package has been submitted to the District Collector. 73. Thereafter, upon examining the package submitted by the District Collector and satisfying that the formalities under the Rules, 2015 have been followed, the Land Commissioner has approved the scheme, and directed the Deputy Collector (LA) - cum - Administrator, to give effect to the same. W.P.(C) No. 17110 of 2020 ::81:: 74. Thus, it could be seen from the above, the above package refers to the Second Schedule of the LARR Act, 2013 alone. What has been done is as per Section 16 of the Act, 2013. 75. There is nothing on record to indicate that the authorities under the LARR Act, 2013 have undertaken any exercise for awarding compensation under the First Schedule of the Act. Procedure for passing an award for compensation, in terms of the First Schedule of the Act, 2013, and the factors to be considered as per the Act, 2013, Rules and Circular dated 17.10.2015, have been extracted supra. 76. Payment of compensation as per the Rehabilitation and Restoration Scheme, as contemplated in the Second Schedule, is different from compensation for land owners as per First Schedule. If the petitioners have any right under the Act, 2013 and the Rules framed thereunder, as and when an award is passed as per First Schedule, they may approach the competent authorities under the Act. 77. At this juncture, we may only observe that the definition of \"affected family\" in Section 3(c) of the Act includes, the family of whose land or other immovable property has been acquired along with the family of tenants and others. It should be borne in mind that as per the definition of the word \"land owner\" in Section 3(r) of the Act, 2013, \"land owner\" includes any person,-- W.P.(C) No. 17110 of 2020 ::82:: \"(i) whose name is recorded as the owner of the land or building or part thereof; in the records of the authority concerned; or (ii) any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or (iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or (iv) any person who has been declared as such by an order of the court or Authority\". 78. From the reading of Exhibits P5 to P7, it could be deduced that there is no case to revise Exhibits P5 and P6, on the basis of “price index”, which is contrary to prayer (i) sought for by the petitioners, i.e., to quash Exhibits P5 and P6. After the passing of an award, as per the First Schedule of the Act, it is for the petitioners to approach the authorities under the Act and the rules, and establish their right if any to get compensation under the First Schedule of the Act. On the other hand, if Exhibits-P5 and P6 are quashed, the tenant will not get the Rehabilitation Package, in terms of the Second Schedule of the LARR Act, 2013. Public meetings have been conducted on various dates, as stated above. Therefore, there is no need to quash Exhibits-P5 and P6 dated 29.12.2017. 79. In view of the above, the third prayer sought for by the petitioners also cannot be granted. W.P.(C) No. 17110 of 2020 ::83:: In the result, the prayers sought for by the petitioners cannot be granted. Hence, the writ petition fails and accordingly, dismissed. Sd/- S. MANIKUMAR, CHIEF JUSTICE Sd/- SHAJI P. CHALY, JUDGE krj W.P.(C) No. 17110 of 2020 ::84:: APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 COPY OF GO(MS) NO.425/2018/RD DATED 12/11/2018. EXHIBIT P2 COPY OF EXPERT COMMITTEE ASSESSMENT REPORT OF SIA DATED 20.10.2018. EXHIBIT P3 COPY OF MEMORANDUM SUBMITTED TO THE 4TH RESPONDENT COLLECTOR ON 30.06.2020. EXHIBIT P4 COPY OF MEMORANDUM SUBMITTED TO THE 4TH RESPONDENT COLLECTOR ON 01.07.2020. EXHIBIT P5 COPY REHABILITATION AND RESETTLEMENT GUIDELINE DATED 29.12.2017 ISSUED BY THE ADMINISTRATOR. EXHIBIT P6 COPY OF GO(MS) NO.448/2017/RD DATED 29.12.2017. EXHIBIT P7 COPY OF DRAFT ON REHABILITATION AND RESETTLEMENT PACKAGE ISSUED BY THE DEPUTY COLLECTOR (LA) ON 25.07.2017 IN KERALA KOUMUDI DAILY ALONG WITH ENGLISH TRANSLATION. EXHIBIT P8 COPY OF BENEFICIARIES LIST PUBLISHED IN KERALA KOUMUDI DAILY DATED 18.03.2020 ALONG WITH ENGLISH TRANSLATION. EXHIBIT P9 COPY OF FORM NO.2(a) IN AWARD NO.68/2019 DATED 20.06.2019. RESPONDENTS' EXHIBITS:- 'NIL' //TRUE COPY// P.A. TO C.J. "