Can't deny rent for building taken over under DM Act, citing illegal construction: Kerala HC
The ruling was issued by a bench of Justice N Nagaresh while allowing a petition challenging the order of the Thiruvananthapuram district collector, who had denied rent for the takeover of a private medical college, along with all its existing human and material resources, during the Covid-19 pandemic for use as a treatment centre. The petitioners, SR Educational and Charitable Trust at Varkala in Thiruvananthapuram, stated that in March 2020, the collector had directed them to hand over the hospital buildings and facilities to the district medical officer under the Disaster Management Act.
Although the hospital was later returned to the petitioners in Nov 2021, following another order of the collector, no rent or compensation was paid.
The petitioners claimed Rs 46 crore as rent/compensation, but the collector rejected the claim, holding that the petitioner was not entitled to any compensation as the building constructed for the medical college was unauthorised. Aggrieved by this, the petitioners approached HC.
In the interim, the rent committee fixed the rent for the portion of the building used for Covid-19 response activities at Rs 1.06 crore, based on a direction from the bench.
Meanwhile, the local panchayat authorities reported that the women's hostel building of the college was constructed in violation of coastal regulation zone (CRZ) norms.
Upon examining the facts, HC noted that Section 66 of the Disaster Management Act lays down the procedure for computing rent/compensation, and that rent cannot be denied solely on the ground of unauthorised construction. If there are statutory violations in the building's construction, the authorities are free to proceed in accordance with the law. However, once a building has been used by the govt, the authorities are legally bound to pay rent or compensation to the petitioner.
Accordingly, HC directed the collector and district disaster management authority to take a fresh decision in the matter within three weeks.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NDTV
2 hours ago
- NDTV
Jal Jeevan Mission In Chhattisgarh In Deep Waters As Taps Run Dry
In Ruda village of Chhattisgarh's Durg district, a towering iron structure meant to bring clean drinking water now stands rusting under the sun. Built as part of the Centre's ambitious Jal Jeevan Mission, the skeletal frame of a water tank is complete, but the tank itself is missing. There is no water, no supply, just a hollow structure and a community still walking miles for a basic necessity. "Sometimes we climb it to see pigeons," a child from the village told NDTV. Executive Engineer Utkarsh Pandey, Public Health Engineering (PHE) Durg, told NDTV that Rs 65.38 lakh had been sanctioned under the Jal Jeevan Mission for Ruda. Of that, Rs 10.98 lakh was earmarked for the zinc-aluminium alloy tank of 35,000-litre capacity, raised on a 12-meter staging. After nearly three years, the tank hasn't been installed. "No payments have been made yet. The contractor will be paid only after 100 per cent households get functional tap water," Mr Pandey clarified. Villagers tell a different story. Pipes were laid, roads were built over them, and now they may have to be dug again just to redo a system that was never operational. "It's not a construction site anymore, it's a permanent symbol of neglect," said Bhuvanesh Sahu, a resident. Another villager Aishwarya Deshmukh added, "We tell delivery people, come to the tankless structure, they always find us." Almost 200 kilometres away in Narayanpur, a tank has been completed and taps have been installed under a Rs 1.19 crore project. But for over a year, not a single drop has flowed. Women still walk kilometres daily to handpumps, while the taps serve as hitching posts for cattle. "Forget Jal Jeevan Mission, it's more like 'Tap-Cow Mission' now," said a villager. In Rajnandgaon, only 170 of 610 villages have certified household water supply. Many tank projects never started, tenders were cancelled, and the district administration is issuing warnings to non-performing contractors. Collector Dr Sarveshwar Narendra Bhure confirmed, "Non-compliant contractors are being blacklisted, and their security amounts are being forfeited." In Mahuapara village of Korea district, a tank stands unfinished inside a school compound without barricades. "Children climb it like it's a fair," says Anganwadi worker Sonavati Rajwade, fearful of a possible accident. Taps near the local MLA's house too have no water. Even as the government claims 31 lakh families now have access to water, questions were raised in the Assembly. "Your double engine government is pulling in opposite directions," said former Chief Minister Bhupesh Baghel, criticising the PHE department's pace. In response, Deputy Chief Minister Arun Sao blamed the previous Congress government "We found that 15 lakh tap connections were only 'entries', with no actual water. We are now correcting that." Jal Jeevan Mission aimed to provide tap water to 49.98 lakh families across 29,000 projects in Chhattisgarh by December 2023. As of January 2024, 15 lakh families had tap connections but no water. The deadline is now pushed to 2027. The scale of the Jal Jeevan Mission in Chhattisgarh is massive with a total sanctioned budget of Rs 26,465 crore aimed at transforming rural water supply. As of now, 4,986 contractors have been fined for irregularities ranging from delay in execution to poor-quality work. FIRs have been lodged against two contractor firms, indicating that some of these lapses were not just procedural but potentially criminal. In the administrative machinery too, only three officers have been suspended.
Time of India
3 hours ago
- Time of India
Can't deny rent for building taken over under DM Act, citing illegal construction: Kerala HC
Kochi: High court has ruled that the state govt cannot deny rent/compensation for a building taken over and used under the provisions of the Disaster Management Act, 2005, merely on the ground that the construction was unauthorised. The ruling was issued by a bench of Justice N Nagaresh while allowing a petition challenging the order of the Thiruvananthapuram district collector, who had denied rent for the takeover of a private medical college, along with all its existing human and material resources, during the Covid-19 pandemic for use as a treatment centre. The petitioners, SR Educational and Charitable Trust at Varkala in Thiruvananthapuram, stated that in March 2020, the collector had directed them to hand over the hospital buildings and facilities to the district medical officer under the Disaster Management Act. Although the hospital was later returned to the petitioners in Nov 2021, following another order of the collector, no rent or compensation was paid. The petitioners claimed Rs 46 crore as rent/compensation, but the collector rejected the claim, holding that the petitioner was not entitled to any compensation as the building constructed for the medical college was unauthorised. Aggrieved by this, the petitioners approached HC. In the interim, the rent committee fixed the rent for the portion of the building used for Covid-19 response activities at Rs 1.06 crore, based on a direction from the bench. Meanwhile, the local panchayat authorities reported that the women's hostel building of the college was constructed in violation of coastal regulation zone (CRZ) norms. Upon examining the facts, HC noted that Section 66 of the Disaster Management Act lays down the procedure for computing rent/compensation, and that rent cannot be denied solely on the ground of unauthorised construction. If there are statutory violations in the building's construction, the authorities are free to proceed in accordance with the law. However, once a building has been used by the govt, the authorities are legally bound to pay rent or compensation to the petitioner. Accordingly, HC directed the collector and district disaster management authority to take a fresh decision in the matter within three weeks.
The Hindu
3 hours ago
- The Hindu
School Education Minister participates in SLAS review meeting in Namakkal
Minister for School Education, Anbil Mahesh Poyyamozhi participated in a review meeting on the State Level Achievement Survey (SLAS) in Namakkal on Monday. The survey was conducted from February 4 to 6 for students studying in classes 3, 5, and 8 in government and government-aided schools in Namakkal district for the academic year 2024-25. A total of 20,632 students in 1,085 schools in the district were part of the survey. The survey report was published on the EMIS website on May 27 this year. Based on this report, 61.3% of students have passed in class III, 55% in class V and 39.6% in class VIII. The overall achievement of students in these three classes was 52%, securing 33rd rank in the State. A review meeting was conducted with the headmasters of the schools that were lagging behind in the SLAS survey at a private college near Rasipuram on Monday. Minister Anbil Mahesh Poyyamozhi presided over the meeting. The Minister said that teachers should work to improve students' ability to answer questions based on learning outcomes in the subjects they teach. During Covid-19, there was a learning gap due to lockdown. To reduce the gap, State Government introduced initiatives such as Illam Thedi Kalvi, Ennum Ezhuthum Thittam and Manarkeni App for students from classes 1 to 5. A skill movement was established for students from classes 6 to 9 to achieve basic and essential skills, the Minister said. Stating that there are 611 smart classrooms in 574 primary schools in Namakkal district, the Minister said that high-tech labs were made available in 136 middle schools in the district. Earlier, these facilities were only available in high and higher secondary schools. Teachers should make full use of all these facilities and schemes while teaching students, Mr. Poyyamozhi added. In the meeting, District Collector Durgamoorthi, Chief Educational Officer (CEO) P. Maheswari and officials from concerned departments participated.
