BY AD v. M.S.IMTHIYAZ AHAMMED

2. Sri.Imthiyaz Ahammed - learned counsel for the petitioners, submitted that Ext.P9 would disclose that the only reason why the ‘RBDCK’ has refused ‘NOC’ is because, a General Alignment Drawing (‘GAD’), submitted to the Southern Railway for construction of a Railway Over-bridge at Uduma, is still pending. He argued that this is no reason for either the ‘RBDCK’ or for the Southern Railway, to deny the right of his clients to make construction in their property, which is a constitutionally recognized one. He, therefore, prayed that the former among them be directed to issue the petitioners an ‘NOC’ without any further delay.

3. In response, the learned Standing Counsel for the ‘RBDCK’ – Smt.Resmitha Ramachandran, submitted that two statements have been filed by her in this writ petition, averring that the ‘GAD’ is under preparation and will be submitted before the Railways on or before WP(C) NO. 11630 OF 2023 3

20.09.2023. She added that, however, the ‘GAD’ is not yet finalized – the Railways having sought further clarification; and that it is only after the same is approved by the Railways, steps for land acquisition can be taken forward. She added that, therefore, if this Court is inclined to allow this writ petition, then it may be on strict condition that if the approved alignment covers the property of the petitioners, then any construction made within that, will be demolished by them at their own risk and cost. She submitted that this is because, if the petitioners are to put up a very large construction and then seek compensation for acquisition, it would be a strain on the public exchequer.

4. The learned Central Government Counsel – Sri.V.Girish Kumar, also conceded that the ‘GAD’ has not been yet approved and that it is only thereafter will the acquisition of the land be necessary. He submitted that, therefore, he leaves it to this Court to issue appropriate orders to the ‘RBDCK’, which has been entrusted with the task of constructing the Railway Overbridge in terms of the ‘GAD’, to be approved and the plan to be finalized thereafter.

5. When I consider and evaluate the afore submissions, it is rendered limpid that, even though the petitioners approached this Court immediately after Ext.P9 was issued to them, the position as stated therein has not been altered even after several months. Ext.P9 WP(C) NO. 11630 OF 2023 4 was issued by the ‘RBDCK’ in January, 2023 and it has been a year thereafter, but the status quo as regards the ‘GAD’ appears to be continuing.

6. Indubitably, the petitioners cannot be held to prejudice for an indefinite period of time or ad infinitum; and the situation is exacerbated because, the pleadings on record does not indicate, in any manner, when the ‘GAD’ is likely to be approved by the Railway, or when the acquisition is to commence.

7. In the afore circumstances, I cannot find favour with Ext.P9; and am certain that the petitioners must be given the opportunity of being able to construct in their property, subject to the acquisition or the construction to be made by the Railways in future. Resultantly, this writ petition is allowed and Ext.P9 set aside; with a consequential direction to the ‘RBDCK’ to issue necessary ‘NOC’ to the petitioners in terms of law and in compliance of all other statutory requirements as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. I, however, clarify that should the ‘GAD’ be approved within the next six months from the date of receipt of a copy of this judgment and should the land of the petitioners, or any portion of it, be included WP(C) NO. 11630 OF 2023 5 therein, then the petitioners would not be entitled to seek compensation for any construction made within this time in such extents, when the acquisition is taken forward. To paraphrase, if the ‘GAD’ is not approved in the next six months, then any acquisition taken forward thereafter would cover the construction to be made by the petitioners, in terms of the applicable statute. MC/12.1 Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 11630 OF 2023 6 APPENDIX OF WP(C) 11630/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P1(a) Exhibit P2 Exhibit P2(a) Exhibit P2(b) Exhibit P2(c) Exhibit P3 Exhibit P3(a) Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 A TRUE COPY OF THE BASIC TAX RECEIPT NO. 3564386 DTD 21-04-2018 BY UDUMA VILLAGE IN FAVOUR OF PETITIONERS A TRUE COPY OF THE BASIC TAX RECEIPT NO. 3607294 DTD 28-05-2018 BY UDUMA VILLAGE IN FAVOUR OF 2ND PETITIONER A TRUE COPY OF THE POSSESSION CERTIFICATE AND SURVEY SKETCH DTD 28-05-2018 ISSUED BY THE UDUMA VILLAGE OFFICE INFAVOUR OF PETITIONERS A TRUE COPY OF THE POSSESSION CERTIFICATE AND SURVEY SKETCH DTD 28-05-2018 ISSUED BY THE UDUMA VILLAGE OFFICE INFAVOUR OF 2ND PETITIONER A TRUE COPY OF THE POSSESSION CERTIFICATE AND SURVEY SKETCH DTD 22-01-2019 ISSUED BY THE UDUMA VILLAGE OFFICE INFAVOUR OF PETITIONERS A TRUE COPY OF THE POSSESSION CERTIFICATE AND SURVEY SKETCH DTD 24-01-2019 ISSUED BY THE UDUMA VILLAGE OFFICE INFAVOUR OF 2ND PETITIONER A TRUE COPY OF THE RECEIPT NO. A2142026 DTD 23-03-2018 FOR APPLICATION FEE AND BUILDING PERMIT FEE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONERS A TRUE COPY OF THE RECEIPT NO. A8229951 DTD 29-01-2019 FOR APPLICATION FEE AND BUILDING PERMIT FEE ISSUED BY THE 4TH RESPONDENT A TRUE COPY OF THE REPLY LETTER DTD 15-01- 2019 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONERS A TRUE COPY OF THE LETTER DTD 21-02-2019 SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT A TRUE COPY OF THE REPLY LETTER DTD 24-02- 2022 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT A TRUE COPY OF THE LETTER DTD 18-05-2022 SENT BY THE 3RD RESPONDENT TO THE PETITIONERS A TRUE COPY OF THE REPRESENTATION DTD 22- 11-2022 SENT BY THE PETITIONERS TO THE 1ST RESPONDENT WP(C) NO. 11630 OF 2023 7 Exhibit P8(a) Exhibit P9 A TRUE COPY OF THE POSTAL RECEIPT DTD 23- 11-2022 A TRUE COPY OF THE LETTER DTD 12-01-2023 ISSUED BY 2ND RESPONDENT TO THE PETITIONERS RESPONDENT EXHIBITS Exhibit R1(a) Exhibit R1(b) Exhibit R1(c) Exhibit R1(d) TRUE COPY OF THE JOINT INSPECTION REPORT DATED 20.12.2022 TRUE COPY OF THE NOC DATED 24.02.2023 TRUE COPY OF THE REVISED GENERAL ALIGNMENT DRAWING DATED 18.09.2023 GIVEN TO THE RAILWAY AUTHORITY TRUE COPY THE ALIGNMENT PLAN DATED 18.092023