KOCHI: Kochi Metro Rail Ltd is in a fix over the recent High Court Division Bench directive which upheld the Single Bench order directing it to give additional compensation to the land owners, who had surrendered land for the Kochi Metro, as per Land Acquisition, Rehabilitation and Resettlement Act (LRRA) 2013. Though KMRL has not taken any decision on how to address the complicated situation, legal experts observe that the agency would have to shell out more money to provide enhanced compensation.
The petitioners complained that all the plots were acquired through negotiated purchase which is disadvantageous for owners. The Single Bench in its order dated July 12, 2017 stated that neither the State nor KMRL had a right under the LRRA to purchase land through negotiations - bypassing the beneficial legislation which was ratified by the Division Bench in its order dated December 13. KMRL and the State government had approached the Division Bench questioning the Single Bench order which has been disposed.
When contacted, KMRL managing director Muhammad Hanish told DC that expert legal opinion would be sought before taking a decision. "It is the State government which has to take up the matter with legal experts and to decide the next step to be taken," he said. Meanwhile, Adv. TRS Kumar, who appeared for land owners, said that the government would have to give land owners market value of the land, 100 per cent solatium and 12 per cent additional market value and 9 per cent interest for the land taken over for the project.
"The State government has no right to make a negotiated purchase and the government has looted nearly Rs.2000 crore for not giving adequate compensation to the owners," he said. Though LRRA came into force in January 2014, the State government framed the rules for its implementation only in September 2015. KMRL opted for negotiated purchase in the absence of rules for land acquisition. More than 450 land owners surrendered land for the project from Aluva to Pettah of which many have already raised objections against the negotiated purchase.
