IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 18163 OF 2022
PETITIONER:
CHOCHAPPAN
AGED 77 YEARS, S/O.OUSEPH MATHAI, PUTHEZHATHU,
ARTHUNKAL P.O, CHERTHALA, ALAPPUZHA, PIN - 688530
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI, PIN - 110001
2 STATE OF KERALA, REPRESENTED BY SECRETARY
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075
REPRESENTED BY ITS CHAIRMAN
4 PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA,
RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O,
THIRUVANANTHAPURAM, PIN - 695008
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA,
COLLECTORATE, ALAPPUZHA, PIN - 688001
SMT. C.S SHEEJA, SR. GOVT. PLEADER
SRI. B.G. BIDAN CHANDRAN, SC.
SRI. S. MANU, ASGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18163 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No. 18163 of 2022
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Dated this the 28th day of June, 2022
JUDGMENT
Admit. ASGI takes notice for the 1 st respondent. Government Pleader takes notice for the respondents 2 & 5. Standing counsel takes notice for respondents 3 & 4.
2. The petitioner submits that even though the PWD authorities had initially valued the structure in the acquired property at ₹49,48,552/-, the same was enhanced to ₹55,93,729/-. However, in Ext.P1 award the authorities have restricted the value at ₹49,48,552/- on the reason that there is no sufficient fund to award the enhanced amount. A reading of the award would show that there appears to be no dispute regarding the enhancement made by the PWD authorities.
3. The Government Pleader on instructions submits that the enhanced value will have to be placed before the National Highway Authority before finalising the proceedings. The standing counsel for the National Highway Authority submits that unless the competent authority decides on the compensation, they will not be able to identify the funds and deposit the same for payment. WP(C) NO. 18163 OF 2022 3 In such circumstances, this writ petition is disposed of directing the 5th respondent to pass a supplementary award regarding the enhanced value of the structures mentioned in Ext.P1 award after confirming the said amount with the National Highway Authority. Necessary orders shall be issued within two months from the date of receipt of a copy of this judgment. Needless to say, if the enhancement is awarded, steps shall be taken to pay the amount to the petitioner with all other benefits under the statute.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 18163 OF 2022 4 APPENDIX OF WP(C) 18163/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE 5TH RESPONDENT U/S.3G(1) OF THE NH ACT,1956 AND RFCTLARR ACT, 2013 IN LAC NO.
298/2020/CHERTHALA NORTH/BLO/S.O.4348(E)/495/2021/A2 DATED 08/12/20