IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19127 OF 2022
PETITIONER:
ABDHURAHIMAN VEEROLI
AGED 77 YEARS
S/O MAMMOO VEEROLI NOOR MAHAL HOUSE, CHOONDI KOTTA
ROAD P.O. MAHE, PIN: 673310
BY ADVS.
SRI T.KABIL CHANDRAN
SRI KRISHOB K.NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE, KOZHIKODE, PIN - 673020
2 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NHAI), CIVIL STATION, KOZHIKODE,
PIN -673020
3 SPECIAL TAHSILDAR
LAND ACQUISITION (NHAI), MINI CIVIL STATION,
VADAKARA P.O., KOZHIKODE, PIN - 673101
4 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA. PROJECT
IMPLEMENTATION UNIT KOZHIKODE. LOTUS HOUSE 34/1487
A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAPARAMBA
P.O., KOZHIKODE, PIN - 67 3009
SMT. C.S. SHEEJA, SR.GOVT.PLEADER
SRI. B.G. BIDAN CHANDRAN, SC (NHAI).
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)No.19127/2022
2
T.R. RAVI, J.
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W.P.(C)No.19127 Of 2022
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Dated this the 14th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents 1 to 3. Standing Counsel takes notice for the 4th respondent.
2. The petitioner's property along with a two storeyed building was acquired for widening of National Highway 66. It is submitted that the 2nd respondent has already passed an award, which is produced as Ext.P1. According to the petitioner, the property and the structures were valued as per the detailed valuation method, instead of adopting plinth area method. The petitioner has therefore submitted Ext.P4 representation before the 2nd respondent requesting to value his property and structures on the basis of the plinth area method.
3. The petitioner has approached this Court seeking a declaration that the property and the structures belonging to him are to be measured and valued as per the Plinth Area Method instead of valuing it as per Detailed Valuation Method and for other consequential reliefs.
4. Going by the provisions contained in the National W.P.(C)No.19127/2022 3 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 1st respondent under Section 3G of the National Highways Act. The petitioner shall also prefer interlocutory applications before the 1st respondent under Section 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 W.P.(C)No.19127/2022 4 for a period of one month to facilitate the valuation. 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.19127/2022 5 APPENDIX OF WP(C) 19127/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NHAI) DATED 21/3/2022 .
Exhibit P1 A A TRUE COPY OF THE VALUATION REPORT CONDUCTED UNDER DETAILED VALUATION REPORT.
Exhibit P2 A TRUE COPY OF THE D.O. LETTER NO. PWD-
H3/09/2021PWD DATED 08.01.2021 ISSUED BY THE PUBLIC WORKS DEPARTMENT Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
12598 OF 2021 AND WP(C) NO. 13131 OF 2021 DATED 09.09.2021 Exhibit P4 A TRUE COPY OF REPRESENTATION DATED 11.04.2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4(A) (A): A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE REPRESENTATION