IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 25863 OF 2022
PETITIONER:
SR CELESTINE K U MARY
AGED 74 YEARS
SR GENERAL, ASSISI CONVENT,
C/O. POOR LEPROSY HOSPITAL, GREEN GARDENS,
CHERTHALA P.O. - 688 524.
BY ADVS.
SRI S.KRISHNAMOORTHY
MS. SNEHA ROSE
RESPONDENTS:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
REP. BY DY GENERAL MANAGER CUM PROJECT DIRECTOR,
NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
PALKULANGARA, TRIVANDRUM - 695 024.
2 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA - 688 001.
3 DEPUTY COLLECTOR (SPL)
LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
ALAPPUZHA - 688 001.
4 SPECIAL TAHSILDAR
O/O SPECIAL TAHSILDAR, LANH,
CHERTHALA - 688 524.
SRI. MATHEWS K. PHILIP, SC.
SMT. C. S. SHEEJA, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)No.25863/2022
2
T.R. RAVI, J.
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W.P.(C)No.25863 of 2022
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Dated this the 26th day of August, 2022
JUDGMENT
Admit. Standing Counsel takes notice for the 1 st respondent. Government Pleader takes notice for respondents 2 to 5.
2. An extent of 0.1011 Hectares (25 cents) of land belonging to the petitioner, situated in Sy.No.34 of Cherthala South Village, was acquired for the purpose of widening of National Highway 66. A Convent named 'Green Gardens' and the buildings situated therein also will come under acquisition. Ext.P2 is the award passed by the 3rd respondent. It is stated that though the PWD authorities had valued the building to the tune of Rs.1,51,40,399/-, in the award, more than Rs.10,00,000/- was reduced and only an amount of Rs.1,39,57,175/- was granted.
3. The petitioner has approached this Court seeking a direction to the respondents to disburse the amount of Rs.1,51,40,399/- as determined by the PWD authorities in their initial valuation as the structural value of the convent building and re-determine the value of the entire building in Sy.No.34 of Cherthala South Village; to conduct an inspection to determine the W.P.(C)No.25863/2022 3 structural value of the entire convent building and allied structures and also the actual extent of land to be acquired from the petitioner's property and to award compensation before proceeding with the acquisition and demolition under Section 29(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and for other consequential reliefs.
4. Going by the provisions contained in the National Highways Act, once the award is passed, the matter has to be taken up before the Arbitrator for appropriate relief. Section 3G(7) of the National Highways Act, 1956 gives ample power to the Arbitrator to consider appropriate value to be fixed as compensation. Once the matter comes before the Arbitrator, the Arbitrator is also having the powers available under Section 17 of the Arbitration and Conciliation Act, 1996 (1996 Act for short) which permits issuance of interlocutory orders. In such circumstances, I deem it appropriate to relegate the petitioner to her remedy before the Arbitrator.
5. The petitioner is directed to prefer an appropriate application before the 2nd respondent under Section 3G of the National Highways Act, 1956, including the contention regarding reduction in value of structure. The petitioner shall also prefer W.P.(C)No.25863/2022 4 appropriate interlocutory application before the 2nd respondent under Section 17 of the 1996 Act, seeking relief of valuation of the entire convent building and the actual extent of land. The application shall be filed within ten days. The Arbitrator shall consider the interlocutory application and pass orders within one week thereafter and proceed to finalise the arbitration application. Dispossession and demolition shall be only after following the procedure prescribed in Section 3E of the National Highways Act, 1956, providing sufficient time for the Arbitrator to carry out valuation, if found necessary. The entire arbitration proceedings shall be completed at the earliest, at any rate, within eight months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
T.R. RAVI JUDGE dsn W.P.(C)No.25863/2022 5 APPENDIX OF WP(C) 25863/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAHZAR PREPARED BY THE REVENUE INSPECTOR OF THE O/O THE SPECIAL TAHSILDAR.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS IN LAC NO.903/2019/CHERTHALA SOUTH/L 73/SO.796(E)/A2-303/2021 DATED 1/11/2021. Exhibit P3 TRUE COPY OF THE PLAN RESPECT OF THE BUILDING/STRUCTURES IN SY NO.34 OF CHERTHALA SOUTH VILLAGE.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10/1/2022 SUBMITTED BEFORE THE 2ND RESPONDENT DIST. COLLECTOR.