Kerala High Court
Maimu vs National Highway Authority Of ... on 4 December, 2021
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. 27691 OF 2021
PETITIONER:
MAIMU
AGED 52 YEARS
W/O. KASIM HAJI, SARVATHINTAVIDA, BEACH ROAD,
VADAKARA, KOZHIKODE - 673 103.
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AISWARYA ANN JACOB
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA
G5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI,
PIN - 110075, REPRESENTED BY ITS CHAIRMAN.
2 ASSISTANT ENGINEER
PWD NATIONAL HIGHWAY SECTION, KOZHIKODE,
PIN - 673020.
3 THE COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR
LAND ACQUISITION (NHAI), KOZHIKODE, PIN - 673020.
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W.P.(C)No. 27691 of 2021
4 THE DEPUTY GENERAL MANAGER (T) & PROJECT
DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, 34/1487A, 'LOTUS',
PROVIDENCE WOMEN'S COLLEGE ROAD, KOZHIKODE,
PIN - 673009.
5 THE DISTRICT COLLECTOR AND ARBITRATOR UNDER
THE NH ACT CIVIL STATION, KOZHIKODE,
PIN - 673020.
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:
3
W.P.(C)No. 27691 of 2021
JUDGMENT
Dated this the 4th day of December, 2021.
I do not think that this writ petition is necessary in
view of the earlier directions obtained by the petitioner
from this Court in W.P.(C).No.26502 of 2021.
2. Smt.Vaheeda Babu - learned counsel for the
petitioner, explains that her client was forced to file this
writ petition because the afore mentioned judgment was
not received until now and she affirms that, if the District
Collector follows the directions therein, her client's
grievances would be fully allayed.
3. In such circumstances, I direct the District
Collector to comply with the directions in the judgment in
W.P.(C).No.26502 of 2021, particularly with respect to the
W.P.(C)No. 27691 of 2021
demolition of the building, in its letter and spirit.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/06.12.2021.
W.P.(C)No. 27691 of 2021
APPENDIX OF WP(C) 27691/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS NO.LAC
NO.62(II)(VDK) DATED 12.04.2021 OF THE 3RD
RESPONDENT AWARDING COMPENSATION OF
RS.44,24,206/- FOR THE LAND MEASURING 0.0107
HECTORS ACQUIRED FROM THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS DATED
12.04.2021 IN LAC NO.62(I)(VDK) OF THE 3RD
RESPONDENT, IN THE CASE OF THE PORTION OF THE
RESIDENTIAL BUILDING OF THE PETITIONER AND
THE LAND MEASURING 0.0110 HECTORS IN WHICH
THE SAID PORTION OF THE BUILDING IS SITUATED.
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS DATED
15.07.2021 IN LAC NO.63(I)(VDK) OF THE 3RD
RESPONDENT, IN THE CASE OF THE NEARBY
BUILDING ACQUIRED FOR THE VERY SAME PURPOSE
AWARDING COMPENSATION TAKING THE VALUE OF THE
FULL STRUCTURE.
Exhibit P4 A TRUE COPY OF THE VALUATION REPORT ALONG
WITH THE PHOTOGRAPH OF THE PORTION OF THE
RESIDENTIAL BUILDING ACQUIRED SHOWING THE
LINE OF IMPACT AREA ACQUIRED ETC. IN ITS LAST
PAGE, SUBMITTED BY THE 2ND RESPONDENT BEFORE
THE 3RD RESPONDENT, A COPY OF WHICH WAS
OBTAINED BY THE PETITIONER UNDER THE RTI ACT
ON 01.11.2021.
Exhibit P5 A TRUE COPY OF THE APPLICATION/ARBITRATION
CASE FILED BY THE PETITIONER UNDER SECTION 3G
OF THE NATIONAL HIGHWAYS ACT, 1956 BEFORE THE
5TH RESPONDENT ALONG WITH AN APPLICATION FOR
STAY (WITHOUT EXHIBITS) ALONG WITH RECEIPT.
