IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22150 OF 2022
PETITIONER:
T.M.MURALEEDHARAN NAIR,
AGED 62 YEARS,
S/O. MADAVAPANIKKAR, THAIVEETTILVELIYIL,
PATTANAKKAD, ALAPPUZHA 688 531.
BY ADVS.
SRI S.KRISHNAMOORTHY
MS.SNEHA ROSE
MS.P.S.ARUNA
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA,
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 TAHASILDAR,
O/O. SPECIAL TAHASILDAR, LANH,
CHERTHALA 688 524.
5 VILLAGE OFFICER,
PATTANAKKAD VILLAGE,
CHERTHALA, ALAPPUZHA 688 531.
SRI. BIMAL K. NATH, SR.GOVT.PLEADER
SRI. B.G. BIDAN CHANDRAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22150/2022
2
T.R. RAVI, J.
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W.P.(C)No.22150 of 2022
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Dated this the 7th day of July, 2022
JUDGMENT
Admit. Standing Counsel takes notice for the 1 st respondent. Government Pleader takes notice for respondents 2 to 5.
2. The petitioner's properties having an extent of 0.0016 Hectors (0.395 cents) in Sy.No.25/1 and 0.0076 Hectors (1.90 cents) in Sy.No.25/2 of Pattanakkad Village, were acquired for widening of National Highway 66. In the property in Sy.No.25/1 the petitioner is conducting a tyre repairing shop and in the property in Sy.No.25/2, the petitioner is running a restaurant/hotel business. According to the petitioner, by virtue of the acquisition, the shop building in Sy.No.25/1 is completely acquired and the shop building in Sy.No.25/2 is partially acquired causing damage to the remaining building. Though the petitioner requested the authorities to acquire the entire building, the respondents are not agreeable. It is stated that alignment for acquisition is such that the building will be divided into two portions. It is also submitted that the damage to the remaining portion of the building has not been assessed at all. Exts.P5 and P6 are the awards passed by the W.P.(C)No.22150/2022 3 3rd respondent.
3. The petitioner has approached this Court seeking a direction to the respondents to conduct an inspection to determine the structural value of the entire buildings/structures in Sy.No.25/1 and 25/2 of Pattanakkad Village before its demolition and award compensation for the entire building 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) 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 his 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. The petitioner shall also prefer interlocutory applications before the 2nd respondent under Section W.P.(C)No.22150/2022 4 17 of the 1996 Act, seeking reliefs of valuation of the building and that of the land. The application shall be filed within ten days. On receipt of the application, the Arbitrator shall consider the interlocutory applications and pass orders regarding the inspection and valuation of the land and the building within one week thereafter and proceed to finalise the application regarding the amounts to be allowed as compensation. There will be a direction that demolition of the building/structures shall be kept in abeyance for a period of one month to facilitate the valuation, if they are not already demolished. 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.
Sd/-
T.R. RAVI JUDGE dsn W.P.(C)No.22150/2022 5 APPENDIX OF WP(C) 22150/2022 PETITIONER EXHIBITS Exhibit P1 ORIGINAL PHOTOGRAPHS OF THE PROPERTY IN SY.
NO. 25/1 IN PATTANAKKAD VILLAGE.
Exhibit P2 ORIGINAL PHOTOGRAPHS OF THE HOTEL/RESTAURANT IN SY. NO. 25/2 OF PATTANAKKAD VILLAGE.
Exhibit P3 TRUE COPY OF THE MAHAZAR DATED 4.12.2021 ISSUED IN THIS RESPECT IN SY. NO. 25/1 OF PATTANAKKAD VILLAGE.
Exhibit P4 TRUE COPY OF THE EVICTION MAHZAR OF THE PROPERTY AND BUILDING IN SY. NO. 25/2 DATED 25.11.2021.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS IN LAC NO.
338/2019/PATTANAKKAD/S.O. 796 (E) A2-
1579/2022 DATED 29.04.2022.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS NO. LAC NO.
344/2019/PATTANAKKAD/S.O 796 (E) A2-1040/2022 DATED 16.3.2022.
Exhibit P7 TRUE COPY OF THE SKETCH IN RESPECT TO SY. NO.
25/1 & SY. NO. 2 OF THE PATTANAKKAD VILLAGE, PREPARED BY MR. SANU A.G, A RETIRED SURVEYOR.