The petitioner is a tenant occupying shop room Nos. XVII/179, 180, 181, 182, 184, 185 and 186 of Pala Municipality. The property in question whereon the said building situates was proposed to be acquired for construction of a road. Ext.P7 is the scheme formulated for the purpose of granting compensation to the land owners as also the tenants. The contention of the petitioner is that under Ext.P7 the petitioner is entitled to get benefits and that the respondents are liable to pay the compensation to which the petitioner is eligible under Ext.P7 before evicting him. As per Ext.P9, the petitioner was required to hand over the key of the shop rooms and he was further intimated that he would be given the benefits to which he is entitled to under Ext.P7 as and when he vacates the shop rooms. This writ petition has been filed prior to the issuance of Ext.P9 apprehending that he would be evicted from the shop rooms before disbursement of the amount of compensation to which he is legally entitled under Ext.P7. The basis for the apprehension is Ext.P6. It is in the said circumstances that the captioned writ petition has been filed challenging Ext.P6.
WP(C).No.25455/2013 2
2. I have heard the learned counsel for the petitioner and also the learned Government Pleader.
3. A statement has been filed on behalf of the 4th respondent in the writ petition. It is stated therein that the petitioner is running a Computer Hardware service and Software Development Unit namely `Fast Pace Systems' and also a computer training centre in the building on rental basis. It is further stated in paragraph 6 thereunder as follows:-
“As per the Rehabilitation and Resettlement package for acquisition of land, ordered vide Exhibit P7 G.O.(Ms) No.419/2011/RD dated 15.1.2011, commercial tenants are eligible for a one time assistance of Rs.2,00,000/- to meet all shifting charge and social costs, except for Companies, Banks, Financial Institutions and large shops, malls etc.”
It is evident from paragraph 6 in the statement that in terms of the provisions under Ext.P7 scheme the petitioner is entitled to get an amount of Rs.2,00,000/-. The only question is whether the petitioner is entitled to get it prior to the surrender of the shop rooms or immediately WP(C).No.25455/2013 3 thereafter. Considering the urgency of the purpose for which the acquisition was proposed this writ petition is disposed of as follows:-
The petitioner is granted six weeks' time from today to surrender the vacant possession of the shop rooms in question. The respondents shall pay the amount to which the petitioner is entitled in view of the statements in paragraph 6 of the statement filed by the 4th respondent, on the date of surrender. In case the petitioner is not giving vacant possession of the shop rooms within the above stipulated time, it will be open to the respondents to take steps in accordance with law, to evict the petitioner on payment of the aforementioned amount.
Sd/-
C.T.RAVIKUMAR Judge TKS