IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17178 OF 2022
PETITIONERS:
1 ABDULLA V.,
AGED 64 YEARS
S/O, MOHAMMED, VIRUTHIYIL HOUSE, ANDATHODE P.O., PUNNAYURKULAM,
THRISSUR 679564.
2 FATHIMA ABDULLA,
AGED 58 YEARS
W/O.ABDULLA V. VIRUTHIYIL HOUSE, ANDATHODE P.O., PUNNAYURKULAM,
THRISSUR 679564.
BY ADVS.
P.SATHISAN
SHIBU B.S
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI-110 001.
2 REGIONAL OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE - KERALA,
T.C 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9, PETTAH P.O,
THIRUVANANTHAPURAM, 695 024.
3 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION
KOCHI, VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM,
KAKKANAD, KERALA 682030.
4 DIRECTOR GENERAL
(ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO.213, MINISTRY
OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT
STREET, CENTRAL DELHI P.O., NEW DELHI-110 001.
5 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE) DWARAKA
SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI-110 075.
6 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT,
WP(C) NO. 17178 OF 2022
2
THIRUVANANTHAPURAM P.O., PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH17) CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE P.O., THRISSUR, KERALA 680 003
8 DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE P.O., THRISSUR, KERALA 680 003
9 ASSISTANT EXECUTIVE ENGINEER,
P.W.D BUILDINGS SUB DIVISION IRINJALAKUDA P.O., THRISSUR-680
121.
OTHER PRESENT:
SRI E.C.KURIAKOSE - SC; SMT MABLE C KURIAN - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17178 OF 2022
3
JUDGMENT
The petitioners impugn Ext.P1 Award issued by the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act, 1956 (NH Act), on various grounds, but concede that they have already invoked their alternative remedy against the same, by preferring Ext.P9 application before the competent statutory Arbitrator, under the provisions of Section 3G(5) of the NH Act.
2. Sri.P.Sathisan - learned counsel for the petitioners, explained that his clients are impugning Ext.P1 Award because it has denied to them the benefits under Second Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Fair Compensation Act); because it has reduced 6% from the compensation under the head of "salvage", even though his client had informed the said Authority that they does not intend to take away the remnants of the building standing in the property acquired; because the nature of the land has been incorrectly assessed without adverting to the judgment of this Court in Aboobacker v. Union of India [2021 (6) KLT 1]; and finally because Ext.P3 valuation report has not been taken into account at all. The learned counsel therefore, prayed that either this Court set aside Ext.P2, so that the CALA can be directed to reconsider WP(C) NO. 17178 OF 2022 4 the entire matter; or in the alternative, that Ext.P9 application be directed to be taken up and disposed of by the statutory Arbitrator, without any further delay.
3. The afore submissions of Sri.P.Sathisan were answered by the learned Senior Government Pleader contending that this Court has already declared the law affirmatively in Usman Arif v. National Highway Authority of India [2022 (1) KLT 35], that once an Award has been issued, the CALA is rendered fuctus officio, except for the purpose of issuing supplementary or additional Awards. He submitted that, therefore, the only relief that can be considered by this Court in favour of the petitioners is that Ext.P9 be directed to be considered by the statutory Arbitrator.
4. Sri.E.C.Kuriakose - learned Standing Counsel for the National Highways Authority of India(NHAI), submitted that he does not have anything to say specifically on the various contentions raised by the petitioners; but prayed that, if this Court is inclined to direct Ext.P9 to be taken up and disposed of by the Statutory Arbitrator, the official concerned of the NHAI also be directed to be heard.
Taking note of the afore submissions and since I am in full affirmation with the contentions of the learned Senior Government Pleader that the CALA has been rendered functus officio on account of the declarations of this Court in Usman Arif (Supra), I deem it WP(C) NO. 17178 OF 2022 5 appropriate to order this Writ Petition to the limited extend of directing the District Collector to take up Ext.P9 and dispose it of as per law.
Resultantly, this Writ Petition is ordered, with a consequential direction to the 8th respondent - District Collector to take up Ext.P9 application of the petitioners and dispose it of in terms of the afore contentions of the petitioners, after affording them as also, the official concerned of the NHAI an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.
It is needless to say that the District Collector will advert to all the precedents to be cited before him by the petitioners, including Exts.P6, P6(a) and P8 and I leave liberty to the petitioners to approach this Court again after a period of 8 months from the date of receipt of a copy of this Judgment, if Ext.P8 is not disposed of by then, so that a time frame for such purpose can be fixed taking note of the relevant circumstances at that time.
Sd/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 17178 OF 2022 6 APPENDIX OF WP(C) 17178/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SECTION 3G AWARD NO.3/2021E1/KAD/012616/2021 DATED 28.01.2022 ISSUED TO 1ST PETITIONER.
Exhibit P2 TRUE COPY OF SECTION 3G AWARD NO.3/2021E1/KAD/012617/2021 DATED 07.02.2022 ISSUED TO 2ND PETITIONER.
Exhibit P3 TRUE COPY OF THE VALUATION REPORT FOR STRUCTURE VIDE REF NO.SCD/NH66/VS/TSR/KDK/18 DATED 18.01.2021.
Exhibit P4 TRUE COPY OF THE SPECIFIED PLINTH AREA RATES DECIDED BY THE CPWD AS ON 01.10.2012 Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.12523 OF 2022 DATED 06.04.2022.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27967 OF 2021 DATED 16.12.2021.
Exhibit P6A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.23142 OF 2021 DATED 30.11.2021.
Exhibit P7 TRUE COPY OF THE LICENSE NO.A4-4056/2021-22-275 DATED 20.04.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5041 OF 2022 DATED 02.03.2022 Exhibit P9 TRUE COPY OF THE ARBITRATION REQUEST IN LAC NO.
E1/KAD/012616/2021 ALONG WITH ITS RECEIPT