IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19630 OF 2022
PETITIONER:
KAMARUDHEEN P.P
AGED 64 YEARS, S/O. MOHAMMEDUNNI,
PANIKKAVEETTIL PADINJARAYIL HOUSE,
ORUMANYOOR P.O.,
THRISSUR DISTRICT, PIN - 680512
BY ADV P.RAMACHANDRAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT,
NEW DELHI, PIN - 110001
2 THE DISTRICT COLLECTOR
(ARBITRATOR UNDER NATIONAL HIGHWAYS ACT)
COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003
3 THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR
LAND ACQUISITION (N.H), KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680644
4 THE SPECIAL DEPUTY TAHSILDAR (LA)
N.H - 17 (NEW N.H.66), KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680664
5 NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN, SECTOR -20,
DWARAKA, NEW DELHI, PIN - 110075
SRI. S. MANU, ASGI.
SRI. BIMAL K. NATH, SR. GOVT. PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19630 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No. 19630 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
Admit. ASGI takes notice for the 1 st respondent. Government Pleader takes notice for respondents 2 to 4. Standing counsel takes notice for the 5th respondent.
2. The petitioner has filed Ext.P9 application before the 2 nd respondent under Section 3G(5) of the National Highways Act 1956 for re-determination of the compensation awarded. Petitioner's grievance is that there is a mistake in the categorization of the land while computing the compensation. The application has been filed on 18.04.2022. The petitioner seeks early disposal of the same.
3. In similar writ petitions, this Court has been directing the Arbitrator to consider and pass orders on the applications within a period of 8 months. The petitioner says that the dispute is in a narrow compass and even the authorities do not have any serious dispute regarding the categorisation, and prays that a lesser time may be prescribed.
The writ petition is hence disposed of directing the 2 nd WP(C) NO. 19630 OF 2022 3 respondent to hear and dispose of Ext.P9 at the earliest. The petitioner may move an application for early disposal before the 2 nd respondent and the 2nd respondent shall hear the said application within two weeks from the date of filing of the same. The petitioner shall be given an opportunity of hearing by the 2nd respondent Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 19630 OF 2022 4 APPENDIX OF WP(C) 19630/2022 PETITIONERS' EXHIBITS Exhibit-P1 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY P.P. KASSIM IN FAVOUR OF THE PETITIONER Exhibit-P2 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 29.11.2021 EXECUTED BY P.P. KABEER IN FAVOUR OF THE PETITIONER Exhibit -P3 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY RAZIYA MOHAMMED HANEEFA IN FAVOUR OF THE PETITIONER Exhibit -P4 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY SUBAIDA SULAIMU IN FAVOUR OF THE PETITIONER Exhibit-P5 TRUE COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE DATED 23.11.2020 IN RESPECT OF 0.0405 HECTARES OF LAND IN RE.SY.NO.211/2010 OF ORUMANAYOOR VILLAGE ISSUED BY THE VILLAGE OFFICER, ORUMANAYOOR Exhibit -P6 TRUE COPY OF THE FORM OF B.T. EXTRACT IN RESPECT OF 26 CENTS OF PROPERTY IN SY.NO.211 AND SUB DIVISION NO.10 ISSUED BY THE VILLAGE OFFICER, ORUMANAYOOR Exhibit-P7 TRUE COPY OF THE AWARD DATED 28.02.2022 BEARING NO.3/2021-LA2/ORU/010831/2021 IN THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION (N.H 66), KODUNGALLUR Exhibit-P8 TRUE COPY OF THE AWARD DATED 14.03.2022 BEARING NO.2/2021-LA2/ORU/012880/2022 IN THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION (N.H 66), KODUNGALLUR WP(C) NO. 19630 OF 2022 5 Exhibit -P9 TRUE COPY OF THE APPLICATION DATED 11.04.2022 UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE ACKNOWLEDGMENT RECEIPT