Complete land acquisition procedures in 12 months: HC

Kochi: The high court has directed Kochi Metro Rail Ltd (KMRL) and Ernakulam district collector to complete the procedures to acquire the controversial 30 cents of land belonging to the residents of Armed Forces Welfare Organisation’s (AWHO) Chander Kunj apartment complex on Silver Sand Island, Vyttila, within 12 months as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The court gave the direction while dismissing a writ petition filed by Colonel Ciby George (retd), one of the residents of the apartment and landowners, alleging the ‘illegal occupation’ of the land by KMRL since 2014 without acquisition or providing compensation for constructing three Metro pillars (no. 882, 883 & 884) for the Vyttila-Petta stretch of the rail project.The apartment complex is situated on 4.24 acreson Silver Sand Island and the Metro alignment passes through around 30 cents on the western border of the project.The court observed “KMRL could not have occupied any land belonging to private parties (here AWHO/apartment owners) without subjecting the said land to a process of acquisition is not in dispute”. However, the HC, while using its discretionary power to refuse relief to the petitioner, observed that the demolition of the pillars will affect ‘public interest’.“…it would not be proper in the totality of the facts and circumstances of this case to grant such a relief as substantial public interest will be affected if a direction is issued to the authorities to demolish all constructions made on the land in question. The Metro viaduct rests on pillars erected on the said land. Where the grant of relief would be detrimental to good administration, relief can be withheld,” said the order issued by Justice Gopinath P.The court also took into consideration KMRL’s submission that they have initiated the land acquisition proceedings already. The court observed that a private arrangement between KMRL and AWHO made earlier indicated that KMRL was permitted to occupy the land pending finalization of the compensation amount which the AWHO initially claimed. The court also observed that the petitioner and other apartment owners will not be prejudiced in any manner if compensation is paid by KMRL under the provisions of the 2013 Act.“My effort was to bring out into the public view the excesses by a public authority by occupying the land belonging to defence personnel without acquiring it. I am hoping for an early end to the matter,” said George said.Meanwhile, revenue department sources said there are several hurdles. “Before acquiring land, social impact assessment should be done. Here, as the land is already utilized, there is no provision of SIA,” said a revenue official.