Kerala High Court
Varkery vs The National Highway Authority Of India on 6 August, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 9826 OF 2023
PETITIONER:
1 GOPI K,
AGED 65 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM P.O,
TRISSUR DISTRICT, PIN - 679340
BY ADV SRI.T.N.MANOJ
RESPONDENTS:
1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
PLOT G-5 AND 6, SECTOR 10, DWARAKA, NEW DELHI-150 007,
REPRESENTED BY ITS CHAIRMAN.
2 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA
NO.310-A, CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
PALAKKAD-, PIN - 678007
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
HIGHWAY 47,
THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
COLLECTOR, AYYANTHOLE P.O., THRISSUR DISTRICT,
PIN - 680003
5 THE DISTRICT COLLECTOR,
THRISSUR, AYYANTHOLE P.O,
THRISSUR DISTRICT-, PIN - 680003
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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6 THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
AUTHORITY (LA),
NHDP, TALUK OFFICE, THRISSUR, PIN - 680020
BY ADVS.
SHRI.B.G.BIDAN CHANDRAN FOR R1
SHRI.NANAVATI MAULIK.G FOR R2
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
SHRI.SANTHOSH MATHEW (SR.)
SRI.ANIL SEBASTIAN PULICKEL
SMT.MANASA BENNY GEORGE
SHRI.KURIAN ANTONY MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).8799/2023, 8808/2023, THE COURT ON
06.08.2025 DELIVERED THE FOLLOWING:
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 8799 OF 2023
PETITIONERS:
1 GOPI K,
AGED 65 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM P.O,
THRISSUR DISTRICT, PIN - 679340
2 SASI K,
AGED 52 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
THRISSUR DISTRICT, PIN - 679340
3 GOVINDAN KUTTY
AGED 78 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
THRISSUR DISTRICT, PIN - 679340
4 SUDHAKARAN
AGED 56 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
THRISSUR DISTRICT, PIN - 679340
5 RAJEEV
AGED 50 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
NADATHARA VILLAGE AND NADATHARA DESOM, ERAVIMANGALAM
| P.O, THRISSUR DISTRICT, PIN - 679340
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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6 SURESH
AGED 59 YEARS
S/O BALAKRISHAN NAIR, KUNDIL HOUSE, NADATHARA VILLAGE
AND NADATHARA DESOM, ERAVIMANGALAM |P.O,
THRISSUR DISTRICT, PIN - 679340
BY ADV SRI.T.N.MANOJ
RESPONDENTS:
1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
PLOT G-5 AND 6, SECTOR 10, DWARAKA,
NEW DELHI-150 007, REPRESENTED BY ITS CHAIRMAN.
2 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.310-A,
CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
PALAKKAD, PIN - 678007
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
HIGHWAY 47,
THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
COLLECTOR, AYYANTHOLE P.O.,
THRISSUR DISTRICT, PIN - 680003
5 THE DISTRICT COLLECTOR
THRISSUR, AYYANTHOLE P.O,
THRISSUR DISTRICT, PIN - 680003
6 THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
AUTHORITY (LA),
NHDP, TALUK OFFICE, THRISSUR, PIN - 680020
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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BY ADVS.
SHRI.B.G.BIDAN CHANDRAN FOR R1
SHRI.NANAVATI MAULIK.G FOR R2
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
SHRI.SANTHOSH MATHEW (SR.)
SRI.ARUN THOMAS
SRI.ANIL SEBASTIAN PULICKEL
SMT.MANASA BENNY GEORGE
SHRI.KURIAN ANTONY MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).9826/2023 AND CONNECTED CASES, THE
COURT ON 30.06.2025 DELIVERED THE FOLLOWING:
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 8808 OF 2023
PETITIONERS
1 VARKERY
AGED 51 YEARS
S/O KUNJUVAREED AGED 51, PALATHINGAL HOUSE,
FATHIMA NAGAR, CHEMBUKAVU TRISSUR, PIN - 680020
BY ADV SRI.T.N.MANOJ
RESPONDENTS:
1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
PLOT G-5 AND 6, SECTOR 10, DWARAKA,
NEW DELHI-150 007, REPRESENTED BY ITS CHAIRMAN.
2 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.310-A,
CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
PALAKKAD, PIN - 678007
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695001
4 THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
HIGHWAY 47,
THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
COLLECTOR, AYYANTHOLE P.O., THRISSUR DISTRICT, PIN -
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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680003
5 THE DISTRICT COLLECTOR,
THRISSUR, AYYANTHOLE P.O,
THRISSUR DISTRICT, PIN - 680003
6 THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
AUTHORITY (LA),
NHDP, TALUK OFFICE, THRISSUR, PIN - 680020
BY ADVS.
SHRI.B.G.BIDAN CHANDRAN FOR R1
SRI.K.A.SALIL NARAYANAN FOR R2
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).9826/2023 AND CONNECTED CASES, THE
COURT ON 06.08.2025 DELIVERED THE FOLLOWING:
2025:KER:58391
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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C. JAYACHANDRAN, J.
-----------------------------------------
W.P.(C.) Nos.9826, 8799 & 8808 of 2023
-----------------------------------------
Dated, this the 6th day of August, 2025
COMMON JUDGMENT
In the above three Writ Petitions, the issue centers around the claim of the respective petitioners to get solatium and interest on the compensation amount awarded pursuant to the acquisition of the petitioners' land under the provisions of the National Highways Act, 1956 ('N.H. Act', for short). The reliefs are claimed specifically on the basis of the law declared by the Hon'ble Supreme Court in Union of India and Another v. Tarsem Singh and Others [2019 KHC 6936].
2. The factual matrices in all the three cases are similar, which are noted here below:
W.P.(C.) No.8799 of 2023
3. The petitioners are co-owners and their land, having 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023 -9- an extent of 0.0267 hectares, has been acquired for the widening of the National Highway in terms of N.H. Act. The competent authority passed Ext.P1 Award dated 'nil' fixing a compensation of Rs.5,62,024/- (L.A.C. No.497/2009). The petitioners approached the Arbitrator seeking enhancement of compensation. The same was allowed and the compensation was enhanced to Rs.13,34,982/-. Ext.P2 evidences sanction for payment of compensation, together with interest, from the date of taking possession of the land, wherein the total amount shown is Rs.13,34,982/-.
4. It appears that nothing transpired thereafter, until 20.05.2022, when the petitioners preferred Ext.P3 application seeking grant of solatium and interest. Now, it is on the strength of Ext.P3, coupled with the declaration of law laid down by the Hon'ble Supreme Court in Tarsem Singh's case (supra), that the petitioners are claiming solatium, as also, interest.
2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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W.P.(C.) No.8808 of 2023
5. The petitioner's property having an extent of 0.0107 hectares was acquired for the widening of the National Highway in terms of the N.H. Act. The competent authority passed Ext.P1 Award dated 'nil' fixing a compensation of Rs.2,30,786/- (L.A.C. No.472/2009). The petitioner approached the Arbitrator seeking enhancement of compensation. The same was allowed and compensation was enhanced to Rs.4,08,038/-.
6. In this case also, nothing transpired thereafter until 20.05.2022, when the petitioner preferred Ext.P2 application seeking grant of solatium and interest. It is on the strength of Ext.P2, coupled with the declaration of law laid down by the Hon'ble Supreme Court in Tarsem Singh's case (supra), that the petitioner is claiming solatium, as also, interest.
2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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W.P.(C.) No.9826 of 2023
7. The petitioner's land to the extent of 0.0131 hectares has been acquired for the widening of the National Highway in terms of the N.H. Act. The competent authority passed Ext.P1 Award dated 'nil' fixing a compensation of Rs.17,07,587/- (L.A.C. No.473/2009). The petitioner approached the Arbitrator seeking enhancement of compensation. The same was allowed and compensation was enhanced to Rs.19,60,094/-. Ext.P2 evidences sanction for payment of compensation, together with interest, from the date of taking possession of the land, wherein the total amount shown is Rs.19,60,094/-.
8. Nothing transpired thereafter until 20.05.2022, when the petitioner preferred Ext.P3 application seeking grant of solatium and interest. It is on the strength of Ext.P3, coupled with the declaration of law laid down by the Hon'ble Supreme Court in Tarsem Singh's case (supra), that 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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the petitioner is claiming solatium, as also, interest.
9. Insofar as the entitlement of a person whose land has been acquired as per the N.H. Act to get solatium and interest, there cannot be any dispute in view of the authoritative pronouncement made by the Hon'ble Supreme Court in Tarsem Singh's case (supra). Section 3J of the N.H. Act was found to be violative of Article 14 and hence, struck down. The Hon'ble Supreme Court declared that the provisions of the Land Acquisition Act, 1894, relating to solatium and interest contained in Section 23 (1A) and (2) and interest payable in terms of the proviso to Section 28, will apply to acquisitions made under the N.H. Act as well.
10. Heard Sri.T.N.Manoj, learned Counsel for the respective petitioners in all the three Writ Petitions, Sri.B.G.Bidan Chandran for the 1 st respondent-National Highway Authority, Sri.Nanavati Maulik G. for the 2 nd respondent-Project Director, National Highway Authority of 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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India [in W.P.(C.) Nos.9826 of 2023 and 8799 of 2023], Sri.K.A.Salil Narayanan for the 2 nd respondent [in W.P.(C.) No.8808 of 2023], Smt.Deepa Narayanan, learned Senior Government Pleader on behalf of respondents 3 to 6 [in W.P.(C.) No.8799 of 2023] and Sri.Ajith Viswanathan, learned Government Pleader on behalf of respondents 3 to 6 [in W.P.(C.) Nos.8808 and 9826 of 2023].
11. The solitary objection which has been raised by the learned Counsel for the 2 nd respondent in all these cases is with respect to the petitioners' entitlement for grant of solatium and interest, inasmuch as the respective acquisition proceedings have been attained finality in the year 2013, for which reason, the proceedings should be treated as concluded, which cannot be resurrected by filing a representation like Exts.P2 or P3, as the case may be, seeking grant of solatium and interest on the strength of the declaration of law in Tarsem Singh's case (supra). Learned Counsel for the 2nd respondent in the respective 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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cases would elaborate that, in Sunita Mehra and Another v. Union of India and Others [(2016) SCC Online SC 1128], the Hon'ble Supreme Court, relying on Gurpreet Singh v. Union of India [2006 (8) SCC 457], confined the grant of benefit of interest and solatium only in respect of proceedings pending as on 28.03.2008, and that concluded cases should not be re-opened. According to the learned Counsel for the 2nd respondent, grant of solatium and interest now, in respect of proceedings which have already concluded in the year 2013 would be squarely against the dictum laid down in Sunita Mehra (supra).
12. Having considered the above referred objection, this Court finds that the same is not maintainable for the following reasons:
(i) Firstly, this issue was raked up in Tarsem Singh (supra) as could be seen from paragraph no.41 of the judgment, by the learned Solicitor General. It was 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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contended that the solatium and interest is not liable to be granted to the respondent therein for the reason that the arbitral awards did not provide for the same and that, no petition under Section 34 has been filed by the land owners on that count. This contention was rejected by the Hon'ble Supreme Court - by refusing to interfere with the judgment of the Division Bench of the respective High Court, which granted solatium and interest - specifically pointing out the reason that the Government itself had conceded that solatium and interest should be granted even in cases that arise between 1997 and 2015.
(ii) Secondly, the petitioners cannot be found fault with for not challenging the Award of the Arbitrator, so long as Section 3J remained in the Statute book. The same was held unconstitutional only in the year 2019. Therefore, the petitioners cannot be faulted for the delay in respect of the period from the date of Arbitrator's Award, till the declaration of the law by the Hon'ble Supreme Court.
2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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(iii) Thirdly, going by the law laid down in Sunita Mehra (supra), this Court notice that a proceeding was pending as on 28.03.2008, which is the date of the Order of the High Court of Punjab and Haryana in Golden Iron & Steel Forging v. Union of India [2008 SCC Online P&H 498]. In all the three cases at hand, the competent authority fixed the compensation amount in the year 2009 (see Reference LAC Nos.472/2009, 473/2009 and 497/2009, as the case may be) and the Arbitrator passed Awards in the year 2013. Thus, as on the cut off date, the proceedings were very much live.
13. It is noticed that a Division Bench of this Court has also considered this issue in Anantharaman v. Special Deputy Collector (SLAO) [2025 KHC Online 1542], wherein also similar contention pressed by the National Highway Authority of India was not favoured with.
14. Before parting, one particular contention of the learned Counsel for the 2 nd respondent, which is a specie to 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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the above contention, also has to be addressed. Learned Counsel for the 2nd respondent would specifically contend that the declaration of the law by the Hon'ble Supreme Court in Tarsem Singh's case (supra) came on 19.09.2019, whereas a claim for solatium and interest was made only on 20.05.2022, as could be seen from Exts.P2 or P3, as the case may be. Therefore, petitioners are not entitled to claim interest for that period. Here again, this Court is not inclined to refuse relief to the petitioners by depriving them the interest for that period, for the reason that the petitioners are entitled to the benefit of the successive Orders issued by the Hon'ble Supreme Court, excluding the limitation period taking into account the Covid-19 pandemic.
15. In the circumstances, all the three Writ Petitions are allowed. The entitlement of the respective petitioners to get solatium and interest from the respective dates of taking possession of the properties is hereby declared. The 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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6th respondent is directed to issue consequential orders in the light of the above declaration, granting solatium and interest to the respective petitioners, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
The Writ Petitions are disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE SKP/01-18 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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APPENDIX OF WP(C) 9826/2023 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC 473/2009 OF THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY NHDP TRISSUR.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 5/7/2013 OF THE SPECIAL DEPUTY COLLECTOR NHDP TRISSUR GRANTING ENHANCEMENT OF THE COMPENSATION.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20/5/2022 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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APPENDIX OF WP(C) 8799/2023 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC 497/2009 OF THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY NHDP TRISSUR.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 8/7/2013 OF THE SPECIAL DEPUTY COLLECTOR NHDP TRISSUR GRANTING ENHANCEMENT OF THE COMPENSATION.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20/5/2022 FILED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT RESPONDENTS' EXHIBITS: NIL 2025:KER:58391 W.P.(C.) Nos.9826, 8799 & 8808 of 2023
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APPENDIX OF WP(C) 8808/2023 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC 472/2009 OF THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY NHDP TRISSUR.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 20/5/2022 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE