Petitioner's property is lying in Survey No.272 (Old Survey No.1183) of Madakathara Village. Certain trees were cut from the above property for the purpose of drawing 400KV electric transmission line from Cochin to Thrissur. Petitioner's value of land is also diminished. On account of that, the first respondent deposited compensation amount with the second respondent. It seems the petitioner has received certain portion of the compensation amount. Petitioner's case is that entire compensation has not been released to the petitioner for the reason that the petitioner do not have any jenm right over the property. Petitioner relies on Ext.P4 judgment of this Court regarding the land acquired by the Kerala State Electricity Board for the construction of 290KV sub station at Madakkathara. Petitioner submits that entire compensation was awarded to the aggrieved parties in that case based on perpetual lease held by them. First respondent filed counter statement before this Court where it is stated that the petitioner's land is classified as forest land and petitioner is not eligible for land value compensation.
W.P(C).No.7489 of 2014 I 2 Petitioner in the reply affidavit stated that based on the perpetual lease held by him, he is not an unauthorised occupant of any forest land or any Government land. Therefore, I am of the view the petitioner is entitled for compensation amount deposited by the first respondent before the second respondent. Therefore, there shall be a direction to the second respondent to disburse the entire compensation amount deposited by the first respondent in the light of apportionment of compensation amount in Ext.P4 judgment to the petitioner within a period of two months from the date of receipt of a copy of this judgment. If any interest accrued on that amount, that amount also shall be released to the petitioners.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/28/10/14