Kerala High Court
Mohammed Haneef.P.M vs District Collector on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 19456 OF 2023
PETITIONER:
MOHAMMED HANEEF.P.M
AGED 50 YEARS
S/O MAHAMOOD, R/AT HANAN THOUFEEQU, NEAR
NELLIKUNNU SPORTING CLUB, NELLIKKUNNU, KASARAGOD,
PIN - 671121
BY ADV KODOTH SREEDHARAN
RESPONDENTS:
1 DISTRICT COLLECTOR
VIDYANAGER, KASARAGOD, PIN - 671121
2 THE SPECIAL DEPUTY COLLECTOR
LAND ACQUISITION (NH), ANANGOOR, KASARAGOD,
KASARAGOD, PIN - 671121
3 PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, KANNUR, PIN - 670002
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001
5 DAWOOD C.K
S/O ABDUL KHADAR,C.K HOUSE, CHEMBARIKA KASARAGOD
DISTRICT ( IMPLEADED AS PER ORDER DATED 26.10.2023
IN IA 1/2023 IN WPC )
BY ADVS.
MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE
KODOTH SREEDHARAN
BY GP- AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.19456 of 2023 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.19456 of 2023
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Dated this the 19th day of April, 2024
JUDGMENT
The above writ petition is filed seeking a direction to the respondents to disburse an amount of Rs.9,57,138/- by respondents 2 and 3 and Rs.2,00,000/- by respondents 1 and 4 in the light of section 3G(1) and (2) of the National Highways Act and Ext.P7 GO (MS) No.448/2017.
2. The petitioner claims to be running a printing firm named 'Fine Print' in a rented building. The petitioner has obtained licence for the same and he has been paying tax in respect of the same, as evident from Exts.P1 and P1(a). The landlord has also issued Ext.P2 consent letter to the local authority for renewing the business activities. While so, a notification for acquiring the land containing the building aforesaid for the purpose of widening National Highway 66 has been issued to the petitioner. Ext.P3 notice for vacating the land and approval of compensation was issued to the landowners whereby the owner was entitled to receive an amount of Rs.95,71,382.68 and it is the contention of the petitioner that as per Section 3G(2) of the National Highway W.P.(C). No.19456 of 2023 :3: Act, he is entitled to 10% of the same. Ext.P4 notice was issued to the petitioner directing him to vacate the premises. Thereupon the petitioner approached the 1st respondent by submitting Ext.P5 letter for getting compensation to which Ext.P5(a) communication was issued to include the case of the petitioner in the Rehabilitation and Resettlement package and to take appropriate decision on the same. By Ext.P6 communication the 2 nd respondent informed the petitioner that the Special Tahsildar, LA(NH), Unit-I, Kasaragod has recommended the application submitted by the petitioner for financial assistance under the Rehabilitation and Resettlement package and necessary funds for the same were requested from the Project Director National Highway Authority of India, Kannur and that action will be taken to disburse the financial assistance after the receipt of fund from National Highway Authority of India. The petitioner submits that no action has been taken till date and by going by Ext.P7 Government Order, the petitioner is entitled for an amount of Rs.2,00,000/- as one time assistance. Thereupon Exts.P8 and P8(a) requests were submitted by the petitioner before the 1 st respondent to disburse the amount due to him under Ext.P7. The grievance raised by the petitioner is that no further action has been taken to grant the amounts due to W.P.(C). No.19456 of 2023 :4: the petitioner as per the Rehabilitation and Resettlement package.
3. When the matter came up for consideration on 21.11.2023, this Court has issued a direction to the 2 nd respondent to dispose of the application submitted by the petitioner referred to in Ext.P6 within an outer limit of one month and with a further direction to the said respondent not to disburse any amounts due to the additional 5th respondent pursuant to the arbitration application filed by him, without obtaining further orders from this Court.
4. A statement has been filed by the National Highway Authority wherein it is stated that the petitioner was not a party in the land acquisition proceedings and no claim has been raised by the petitioner during pendency of the land acquisition case for any benefits and that he has not filed any application or objection under Section 3C or any claim of right under Section 3G in response to the publication of notice under Section 3G(3) and that he is not eligible for the benefits under Section 3G(2) as he is a building tenant who occupied the building as agreed by the land owner on execution of an agreement. It is further averred that the petitioner is not entitled for any compensation under Section 3G(2) of the National Highway Act as there is no documentary proof or declaration from the competent authority to the effect that he has a W.P.(C). No.19456 of 2023 :5: right in the nature of an easement on any land acquired under the Act. It is further stated that the application submitted by the petitioner for the benefits of the Rehabilitation and Resettlement package is pending consideration for want of necessary funds allotted in this regard.
5. The learned Government Pleader upon instructions submitted that the building owner, who is the additional 5 th respondent, has filed an arbitration application under Section 3G(5) of the National Highway Act, 1956, before the Arbitrator & District Collector, Kasaragod requesting to refund the salvage value deducted from the compensation and awarded compensation for shifting of business and the same is pending consideration before the Arbitrator for disposal. It is also submitted that an amount of Rs. 75,000/- has been paid to the petitioner under the Rehabilitation and Resettlement package as provided under schedule II of the RFCT LARR Act, 2013 and the manual of guidelines on land acquisition of National Highway under National Highway Act, 1956 published by the Government of India.
6. The request of the petitioner for financial assistance under the Rehabilitation and Resettlement package has already been granted and further that the respondents have held that the W.P.(C). No.19456 of 2023 :6: petitioner is not entitled for any compensation under Section 3G(2) of the National Highway Act, since he has not made any request in this regard or he has not produced any documentary proof or declaration from the competent authority to the effect that he has a right in the nature of an easement on any land acquired.
In view of the fact that the petitioner has already been granted compensation under the Rehabilitation and Resettlement package, I am of the view that the petitioner to approach the authorities as provided under the National Highway Act, if the petitioner is aggrieved by the amount of compensation paid to him. Leaving open such right, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE sm/ W.P.(C). No.19456 of 2023 :7: APPENDIX OF WP(C) 19456/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 3/02/2022 ISSUED BY THE KASARAGOD MUNICIPALITY Exhibit P1a TRUE COPY OF LICENSE DATED 8-3-2022 ISSUED BY THE KASARAGOD MUNICIPALITY ExhibitP2 TRUE COPY OF THE CONSENT LETTER ISSUED BY THE LANDLORD DATED 12-2-2018 Exhibit P3 TRUE COPY OF 3E NOTICE ALONG WITH THE AWARD IN LAC NO.305/KASARAGOD UNDER NATIONAL HIGHWAY ACT DT.30/12/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF NOTICE DATED 24/1/2023 BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF LETTER REQUESTING COMPENSATION BY THE PETITIONER DATED 24/02/2023 Exhibit P5 a TRUE COPY OF LETTER DATED 15/03/2023 BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER DATED 22/03/2023 BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE GO(MS)NO.448/2017 DATED 29/12/2017 DECLARING THE POLICY OF THE GOVERNMENT Exhibit P8 TRUE COPY OF THE REQUEST BYTHE PETITIONER TO THE 1ST RESPONDENT DATED 30-7-2019 Exhibit P8 a TRUE COPY OF THE APPENDIX 1 GO(MS) 448/2017 ALONG WITH THE APPLICATION DATED 30-7-2019