IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 18313 OF 2022
PETITIONER:
ANTONY
AGED 53 YEARS
S/O URUMEES, VIRUVELIL, CHERTHALA, ALAPPUZHA - 688524.
BY ADVS.
S.KRISHNAMOORTHY
SNEHA ROSE
ARUNA SADASIVAN
RESPONDENTS:
1 NATIONAL HIGHWAYS 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-688001.
3 DEPUTY COLLECTOR(SPL)
LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
ALAPPUZHA - 688001.
4 SPECIAL TAHASILDAR
O/O SPECIAL TAHASILDAR LANH, CHERTHALA-688524.
5 VILLAGE OFFICER
CHERTHALA NORTH VILLAGE, CHERTHALA, ALAPPUZHA-688552.
SMT. C. S. SHEEJA- SR.GP
SRI. B.G. BIDAN CHANDRAN- SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18313 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.18313 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents 2 to 5. Standing Counsel takes notice for the 1st respondent.
2. The writ petition is filed challenging Ext.P1 award passed by the 3rd respondent. The grievance of the petitioner is that his land has been valued as a wet land, even though it is a dry land. It is also contended that the structural value has not been properly assessed. The petitioner has preferred Ext.P2 appeal before the 2nd respondent and the same is said to be pending. The petitioner is entitled to prefer application before the 2nd respondent under Section 17 of the Arbitration and Conciliation Act, 1996 ('the Act' for short) for interlocutory reliefs.
3. The Government Pleader on instructions submit that the value has been fixed treating the land as reclaimed land.
The writ petition is hence disposed of, directing the WP(C) NO. 18313 OF 2022 3 petitioner to approach the 2nd respondent by filing an appropriate application under Section 17 of the Act seeking valuation of the structures as well as the land treating it as a dry land. The application shall be filed within ten days from today. The 2nd respondent shall consider the same and pass orders within a period of ten days from the receipt of the application. The arbitration proceedings shall be completed within eight months from the date of receipt of a copy of this judgment. The petitioner shall not be dispossessed from the property till such time the valuation is completed on the basis of an application to be submitted by him under Section 17 of the Act.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 18313 OF 2022 4 APPENDIX OF WP(C) 18313/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 20.2.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE APPEAL FILED UNDER SECTION 3(G)(5) BY THE PETITIONER, BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN CHERTHALA, DATED NIL.
Exhibit P4 TRUE COPY OF THE BUILDING PLAN APPROVED BY THE CHERTHALA MUNICIPALITY DATED 24.4.1987.
Exhibit P5 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 21.2.2021 WITH THE CHERTHALA MUNICIPALITY.
Exhibit P6 ORIGINAL COPY OF THE PHOTOS OF THE PROPERTY IN SY. NO. 199/13 OF CHERTHALA NORTH VILLAGE.
Exhibit P7 TRUE COPY OF THE EVICTION MAHZAR DATED 11.11.2021 PREPARED BY THE 5TH RESPONDENT VILLAGE OFFICER.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO 3562/2021 DATED 24.9.2021 OF THIS HON'BLE COURT.