IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17562 OF 2022
PETITIONER:
MR.SIVADASAN PILLAI
AGED 59 YEARS
S/O PADMANABHANPILLAI, KOONMMAKKIL, CMC17,
CHERTHALA P O, ALAPPUZHA-688524.
BY ADVS.
S.KRISHNAMOORTHY
SNEHA ROSE
P.S.ARUNA
RESPONDENTS:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY GENERAL MANAGER CUM PROJECT DIRECTOR,
NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
PALKULANGARA, TRIVANDRUM-695024.
2 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA-688001.
3 DEPUTY COLLECTOR (SPL)
LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
ALAPPUZHA-688001.
4 SPECIAL TAHASILDAR
OFFICE OF SPECIAL TAHASILDAR, LANH, CHERTHALA-688524.
5 VILLAGE OFFICER
CHERTHALA SOUTH VILLAGE, CHERTHALA, ALAPPUZHA-688552.
SRI. BIMAL K.NATH, SR.GP, SRI. B.G. BIDAN CHANDRAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17562 OF 2022
2
JUDGMENT
The grievance of the petitioner is that he is sought to be dispossessed from his property by paying an amount of Rs.43,244/- towards compensation for residential building in spite of the fact that by a subsequent valuation, the value of the building has been fixed to Rs.5,77,956/-.
2. The counsel for the respondents points out that, it can be seen from Ext.P2 that an award has already been issued for Rs.43,244/- and the order contemplates passing of another award for the balance amount in terms of the final report received from the PWD authority regarding the value of the building. It is submitted that once an award is passed, there is no question of passing a second award and the authority becomes functus officio. It is also submitted that the matter has already been taken up before the Arbitrator as provided in Section 3(G) of the National WP(C) NO. 17562 OF 2022 3 Highways Act, 1956 and as such it is for the Arbitrator to determine the amount that is to be paid. It is submitted that till such time the arbitrator decides, the work of the National Highway shall not be kept in abeyance and the respondents should be permitted to continue the work.
3. After hearing the matter for sometime, the counsel for the respondents submitted that they may be permitted to proceed with the work after depositing the amount which has been found to be the value of the building in Ext.P4, reserving their right to challenge the amount in the arbitration proceedings that has already been initiated. The counsel submits that the above submission is made only for ensuring that the work of the National Highway is not brought to a stand-still. I find that the above submission is very much justified on the facts of this case . It would appear from the pleadings that initially a portion of the building was sought to be acquired for which the value was fixed at Rs.43,244/- and later the WP(C) NO. 17562 OF 2022 4 balance portion was also decided to be acquired which led to the increase in the value. These are all matters which has to be considered by the arbitrator in the proceedings pending. For the present, this writ petition is disposed of directing the respondents to deposit the amount as valued in Ext.P4 towards the compensation payable along with such additional amounts towards solatium and interest statutorily payable, within a period of ten days, subject to the right of the respondents to contest the above amount before the arbitrator. If ultimately it is found that the petitioner is entitled only to a sum of Rs.43,244/- and not for the enhanced amount, a provision has to be made for recovery of the amount paid in excess. Hence, the competent authority who is to disburse the amount shall ensure that an undertaking is obtained from the petitioner for repayment of such amounts that have been paid on the basis of this judgment. The further proceedings like demolition of the building of the petitioner shall be WP(C) NO. 17562 OF 2022 5 undertaken only after deposit of the amount as ordered above and in accordance with the statutory provision.
Sd/-
T.R.RAVI JUDGE spk WP(C) NO. 17562 OF 2022 6 APPENDIX OF WP(C) 17562/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY, CHERTHALA MUNICIPALITY DATED 31.12.2020.
Exhibit P2 TRUE COPY OF THE AWARD DATED 15.02.2022.
Exhibit P3 TRUE COPY OF THE CLAIM STATEMENT DATED 26.04.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 RELEVANT PORTION OF THE DECLARATION AND VALUATION PREPARED BY THE AUTHORITIES DATED 29.12.2021.
RESPONDENT'S/S EXHIBITS : NIL