K.J Davis vs The Project Director

Kerala High Court

K.J Davis vs The Project Director on 23 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     THURSDAY, THE 23RD DAY OF MAY    2024 / 2ND JYAISHTA, 1946

                        WP(C) NO. 18388 OF 2024

PETITIONER:

              K.J DAVIS AGED 65 YEARS S/O. JOSEPH, KURIAPPILLY
              HOUSE,   KANDAKARNA VELI, KIZHAKKEPRAM KARA,
              KOTTUVALLY VILLAGE,   PARAVUR TALUK ERNAKULAM, PIN -
              683519
              BY ADVS. V.RAJENDRAN (PERUMBAVOOR) N.RAJESH GOPAKUMAR
              P. ANAINA VARGHESE

RESPONDENTS:

     1        THE PROJECT DIRECTOR THE PROJECT DIRECTOR NATIONAL
              HIGHWAY AUTHORITY OF INDIA,   PROJECT IMPLEMENTATION
              UNIT KOCHI -VII/511-B, NAITHELI MAVELIPURAM ROAD,
              KAKKANAD ERNAKULAM, PIN - 682030
     2        THE DISTRICT COLLECTOR AND STATUTORY AUTHORITY
              COLLECTORATE CIVIL STATION, KAKKANAD ERNAKULAM, PIN
              - 682030
     3        THE COMPETENT AUTHORITY AND SPECIAL TAHSILDAR (LA)
              N.H 66 UNIT ERNAKULAM,   NORTH PARAVUR,   ERNAKULAM,
              PIN - 683513
              BY SR.GP -DEEPA NARAYANAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 18388 of 2024               :2:




                       VIJU ABRAHAM , J.
            ===========================
                   WP(C) No. 18388 of 2024
            ============================
              Dated this the 23rd day of May, 2024

                            JUDGMENT

The petitioner has approached this Court seeking a direction to the 2nd respondent to re-determine the compensation awarded by the 3rd respondent to the petitioner in Ext.P1 award by duly considering his contentions in Ext.P4 petition including the one regarding the actual extent of property acquired from the petitioner, within a time limit to be fixed by this Court.

2. The petitioner's property was acquired as part of development of National Highway No.66, and Ext.P1 award was passed on 26.04.2022. Aggreived by the same, petitioner has preferred Ext.P4 petition before the 2 nd respondent arbitrator. Along with the same, Ext.P5 interim application was also filed for appointment of a Commissioner to assess the strength, stability and replenishment value of the portion of the building after the demolition. The petitioner seeks for an expeditious disposal of Exts.P4 and P5.

3. Heard the learned Government Pleader who upon instructions submits that atleast 10 months time is required to finalize the proceedings on Ext.P4.

4. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 2 nd respondent to take up Ext.P4 petition and dispose of the same in accordance with law within an outer limit of 10 months from the date of receipt of copy of this judgment after affording an opportunity of being heard to the petitioner and other affected parties. As regards Ext.P5 petition for appointment of a Commissioner, it is ordered that before finalizing the proceedings as per Ext.P4, orders shall be passed on Ext.P5. The petitioner will be free to submit his notes of argument before the 2 nd respondent, the contentions of which shall also be duly considered by the 2nd respondent while taking a decision on Ext.P4.

With the above said direction, this writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF WP(C) 18388/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD NO.295/2021/KTY-2105/2022 DATED 26.04.2022 PASSED BY THE 3RD RESPONDENT Exhibit P2 THE PETITIONER IS HEREBY PRODUCING TRUE PHOTOGRAPHS OF THE RESIDENTIAL BUILDING BELONGING TO HIM BEFORE AND AFTER ITS DEMOLITION.

Exhibit P3 TRUE COPY OF THE OBJECTION DATED 09.06.2022 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE PETITION DATED 07.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE PETITION DATED 07.02.2023 SUBMITTED BY THE PETITIONER FOR APPOINTING A COMMISSIONER.

Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.A3-07/2024 DATED 25.03.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.