Kerala High Court
The Project Director vs Subramonian on 11 August, 2021
WA No.1016/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
WA NO. 1016 OF 2021
(AGAINST THE JUDGMENT DATED 25.08.2020 IN WP(C)NO.16944/2020 OF THIS HON'BLE
COURT).
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APPELLANT/RESPONDENT NO.3:
PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-PALAKKAD, NO. 310-A,
CHANDRANAGAR EXTENSION, CHANDRANAGAR PO, PALAKKAD-679 001.
BY ADVS. M/S. SANTHOSH MATHEW,MAULIK NANAVATI,MANVI DAMLE,
ARUN THOMAS, JENNIS STEPHEN & ANIL SEBASTIAN PULICKEL
RESPONDENTS/PETITIONERS AND RESPONDENT NOS.1 AND 2:
1.SUBRAMONIAN, S/O. KOCHAYYAN, CHUNGATHUPARAMBIL,
PATTIKKAD P.O., THRISSUR DISTRICT, PIN-680 652.
2. AMBIKA, W/O. SUBRAMONIAN, CHUNGATHUPARAMBIL,
PATTIKAKAD P.O., THRISSUR DISTRICT, PIN-680 652.
3.THE ARBITRATOR (N.H.)& DISTRICT COLLECTOR
THRISSUR 680 001
4.SPECIAL DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER & COMPETENT
AUTHORITY OF LAND ACQUISITION (SLAO & CALA)
NATIONAL HIGHWAY DEVELOPMENT PROJECT
THRISSUR 680 001
BY GOVERNMENT PLEADER FOR R3 & R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to:
1.Stay the operation of the impugned judgment dated 25.08.2020 in
W.P.(C) No.16944 of 2020, pending disposal of the Writ Appeal.
WA No.1016/2021 2/6
2. Stay any proceeding that may have been commenced by the Competent
Authority (Land Acquisition, National Highways), pursuant to written
representations of the private respondents, pending disposal of the Writ
Appeal.
This Writ Appeal coming on for admission along with connected cases
on 11.08.2021 upon perusing the appeal memorandum and this Court's order
dated 09.08.2021, the court on the same day passed the following:
P.T.O.
WA No.1016/2021 3/6
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
======================================
W. A. Nos. 1016, 1017, 1018 & 1031 of 2021
======================================
Dated this the 11th day of August, 2021
ORDER
S. Manikumar, CJ.
Inviting the attention of this Court to earlier orders, in W.A. Nos.
804, 805 and 806 of 2021, learned counsel for the appellants submitted
that instant writ appeal also be admitted and that the same be tagged
along with W.A. Nos. 804, 805 and 806 of 2021.
2. Earlier, in W.A. Nos. 804, 805 and 806 of 2021, after
considering the submissions of the learned counsel for the appellants, we
passed the following order:
"Writ appeals are directed against the judgments by which,
after considering the judgment of the Hon'ble Supreme Court in
Union of India and Another v. Tarsem Singh and Others
[(2019) 9 SCC 304] and Special Deputy Collector, Thrissur and
Another v. Vinodkumar and Another [2020 (2) KLT 399], writ
court, directed the Deputy Collector, Special Land Acquisition
Officer and Competent Authority of Land Acquisition (SLAO and
CALA), National Highway Development Project, Thrissur, to
WA No.1016/2021 4/6
W.A. Nos. 1016 of 2021
and connected cases
consider the representations filed by the writ petitioners for
payment of solatium and interest, within a time frame.
2. Appearing for the Project Director, National Highways
Authority of India, Project Implementation Unit - Palakkad,
Palakkad, the appellant herein in all the writ appeals, Mr. Tushar
Mehta, learned Senior Counsel submitted that, in the instant
appeals, two important issues require to be considered, 1) though
in Union of India and Another v. Tarsem Singh and Others,
the Supreme Court declared that Section 3J of the National
Highways Act insofar as it deprives the land owner of solatium
and interest in Section 23 (1A) and (2) interest payable in terms
of the proviso to Section 28 of the said Act as unconstitutional,
according to the learned Senior Counsel, the judgment can be
applied only prospectively and not retrospectively.
3. Learned Senior Counsel further submitted that once the
Deputy Collector, Special Land Acquisition Officer and
Competent Authority of Land Acquisition (SLAO and CALA),
National Highway Development Project, Thrissur, has already
determined the compensation, he becomes functus officio and
that no representation can be entertained. In that view of the
matter, the directions issued by the writ court to consider the
representations of the writ petitioner also required to be set aside.
4. Having regard to the time frame fixed by the writ court
for the disposal of the representations, learned Senior Counsel
prays for interim stay of the operation of the impugned
WA No.1016/2021 5/6
W.A. Nos. 1016 of 2021
and connected cases
judgments.
5. We have heard the learned Senior Counsel for the
appellant and perused the material on record.
6. Prima facie, issues raised require to be adjudicated.
Operative portion of the impugned judgment directing Deputy
Collector, Special Land Acquisition Officer and Competent
Authority of Land Acquisition (SLAO and CALA), National
Highway Development Project, Thrissur, to consider and pass
orders on the representations is hereby stayed.
Mr. Surin George Ipe, learned Senior Government Pleader
takes notice for respondents 3 and 4. Urgent notice to respondents
1 and 2 by speed post, returnable in three weeks."
3. Subsequently, we admitted W.A. Nos. 840, 841, 845 & 848 of
2021 and passed similar orders. Instant writ appeal is also on the
similar grounds. Hence admitted. Following the interim order dated
30.6.2021, in W.A. Nos. 804, 805 and 806 of 2021, there shall be an
interim stay of the impugned judgment directing consideration of the
representation by the 2nd respondent.
4. Learned counsel for the appellants is permitted to take out
notice to the private respondents by speed post. Learned Government
Pleader takes notice for respondents 3 and 4 in W. A. Nos. 1016, 1018
WA No.1016/2021 6/6
W.A. Nos. 1016 of 2021
and connected cases
and 1031 of 2021 and respondents 2 and 3 in W. A. No. 1017 of 2021.
Post instant writ appeal along with W.A. Nos. 804, 805 and 806
of 2021.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
11-08-2021 /True Copy/ Assistant Registrar
