V.V.Manoj vs Special Deputy Collector (La)
2021 Latest Caselaw 23843 Ker

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943

                                 WP(C) NO. 27645 OF 2021

PETITIONER:

                V.V.MANOJ,
                AGED 46 YEARS
                S/O.VISWAMBARAN, VATTATHARA HOUSE, CHENNOOR DESOM, KOTHAD P.O.,
                PIN-682 027, ERNAKULAM DISTRICT.

                BY ADV T.K.AJITHKUMAR (VALATH)



RESPONDENTS:

      1         SPECIAL DEPUTY COLLECTOR (LA),
                NH 66, KUTTIPPURAM-EDAPPALLY, NORTH PARAVUR, PIN-686 513, ERNAKULAM
                DISTRICT.

      2         THE SPECIAL TAHSILDAR (LA) NH - 66 UNIT 2,
                NH 66, KUTTIPPURAM EDAPPALLY, NORTH PARAVUR, PIN-683 513, ERNAKULAM
                DISTRICT.

      3         STATE OF KERALA,
                REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM, PIN-695 024.

      4         THE DISTRICT COLLECTOR, ERNAKULAM,
                CIVIL STATION, KAKKANAD, PIN-682 030.

      5         UNION OF INDIA,
                REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
                GOVERNMENT OF INDIA, CENTRAL DELHI, NEW DELHI-110 001.

      6         PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
                (HEAD OFFICE), ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
                TRANSPORT BHAVAN, PARLIAMENT STREET, CENTRAL DELHI, NEW DELHI-110
                001.




                SMT.K.AMMINIKUTTY .SR.G.P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2



W.P.(C)No. 27645 of 2021




                           JUDGMENT

Dated this the 4th day of December, 2021.

The petitioner has approached this Court asserting

that no percentage of the Award, to be issued by the

Competent Authority for Land Acquisition (CALA)

appointed under the provisions of National Highways Act

(NH Act), with respect to the property and the buildings

thereon acquired from him, can be deducted, since he is

not taking the salvage of the said structures.

2. Sri.P.K.Ajith Kumar - learned counsel for the

petitioner, pointed out that the issues impelled in this

case have already been answered in favour of his client

by this Court in Ext.P5 judgment; and prayed that the

directions therein be made applicable to this case also.

3. Sri.Mathews K.Philip - learned Standing

W.P.(C)No. 27645 of 2021

Counsel for National Highway Authority of India (NHAI),

submitted that, since what is impugned in this case is the

notice issued by the CALA under Section 3E of the "NH

Act", it is obvious that an Award has already been

passed; and, resultantly, that the remedy of the

petitioner is to challenge it under the provisions of

Section 3G(5) of the said Act. He thus contented that

this writ petition is not maintainable.

4. Smt.K.Amminikutty - learned Senior

Government Pleader, adopted the afore submissions of

Sri.Mathews K.Philip and affirmed that since a notice

under Section 3E of the "NH Act" has already been

issued, it is obvious that the Award has been issued.

5. When I consider the afore submissions, though

the legal issues involved in this case have been dealt

with and spoken upon in Ext.P5 judgment, the facts

noticed therein were slightly different because, while no

W.P.(C)No. 27645 of 2021

Award had been issued therein, the fact that the

petitioner herein impugns a notice issued Section 3E of

the Act, it is evident that an Award has already been

issued. This Court has already declared in various

judgments, including in Usman Arif Vs The Project

Director (W.P.(C).No.1996 of 2021) that once the Award

is issued, the CALA is rendered functus officio.

6. In the afore circumstances, it is certain that it

is up to the petitioner to challenge the Award under the

provisions of Section 3G(5) of the NH Act before the

competent Arbitrator; in which, he can certainly raise the

contention regarding salvage also. The said Authority

will then surely be obligated to consider the same, in

view of the declarations and observations of this Court in

Ext.P5 judgment.

Resultanty, I order this writ petition, leaving liberty

to the petitioner to approach the competent Arbitrator

W.P.(C)No. 27645 of 2021

under Section 3G(5) of the NH Act; and if this is done

within a period of two weeks from the date of receipt of a

copy of this judgment, the said Authority will consider

the same, after hearing the petitioner and adverting to

his specific contention, based on Ext.P5 judgment, that

no amount of salvage could be deducted from the

amount of compensation determined; thus culminating in

an appropriate order / necessary action thereon, as

expeditiously as is possible; but not later than three

months from the date on which the Arbitration Request is

preferred before him.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/06.12.2021.

W.P.(C)No. 27645 of 2021

APPENDIX OF WP(C) 27645/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.08.2021.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 20.10.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 07.10.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 20.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 JUDGMENT IN WP(C) NO.23142/2021 DATED 30.11.2021.

Exhibit P6 THE TRUE COPY OF THE LETTER DATED 01.12.2021 ISSUED BY THE PETITIONER. Exhibit P7 THE TRUE COPY OF THE LETTER DATED 01.12.2021 ISSUED BY THE PETITIONER.