- (1.) This Writ Appeal has been filed against the judgment dated 13.11.2009 in W.P(C)No.4739 of 2009 by which the Writ Petition filed by the petitioner seeking direction to extend the benefit of Ext.P3 rehabilitation package to the petitioner in full has been dismissed.
(2.) Brief facts of the case are: Petitioner owned 0.81 Ares of land in Sy.No.97/4A - A1 to A6 in which his residential building also existed. Petitioner owned another extent of 07.08 Ares of land in Sy.No.97/5-2. Both the plots were situated in Eloor Village being on both sides of a Panchayat road. Both the plots were notified for acquisition for the Vallarpadom International Container Transhipment Terminal Project Apart from Eloor Village, lands from other Villages were also acquired. Challenging the acquisition W.P(C) No.37570 of 2007 (V.D.Martin v. State of Kerala) and other Writ Petitions were filed which were decided by a learned Single Judge of this Court vide judgment dated 20.06.2008. Rehabilitation Package which was issued by the Government was also approved by this Court. State Government issuedGovernment Order dated 18.03.2008 by which orders were issued for rehabilitation of families who would be evicted from the Kadamakudi Village. By subsequent Government Order dated 22.06.2008 benefit extended to Kadamakudi Village was also extended to other Villages including Eloor Village. Another Government Order dated 06.12.2008 (Ext.P3) was issued where rehabilitation package was announced equal to half cent of land and land value as per the extent of the land from which land owners were evicted was directed. After the Government Order, the petitioner gave his consent to accept the DLPC rates. Value was computed and petitioner executed a sale deed in favour of the National Highway Authority in respect of 0.81 Ares of land in Sy.No.97/4A-1 to A6. Petitioner, aggrieved by the rehabilitation benefit extended to him filed the Writ Petition praying for the following reliefs: "i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to extend the benefit of Ext.P3 package to the petitioner in full. ii) Issue a Declaration thatthe petitioner is entitled to 4 cents of land, Rs.60,000/- by way of shifting charges and value of 2 cents of land (= + =) in terms of Ext.P3 package; and iii) To grant such other reliefs as this Honourable Court may deem just and fit in the circumstances of the case."
(3.) A statement was filed by the respondents in the Writ Petition where it was stated that petitioner was found eligible for land value of half cent + land value of half cent (DLPC rate) + Rs.50,000/- as rent for 10 months + Rs.10,000/- towards shifting charges and the amount he was eligible was already paid. It was pleaded that petitioner's land of 0.81 Ares in Sy.No.99A/4/A1 to A6 consisted residential house and the petitioner was paid land value treating his acquired land as less than five cents.;