Pokkaseerakath Mariyumma vs Union Of India
2021 Latest Caselaw 5089 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                    WP(C).No.33908 OF 2019(K)


PETITIONER:

               POKKASEERAKATH MARIYUMMA,
               AGED 66 YEARS
               D/O S.V. KHALID, RAHMATH MANZIL, KORAN PEEDIKA,
               PARIYARAM AMSOM, CHITHAPILE POYIL (P.O.),
               KANNUR DISTRICT - PIN - 670 502.

               BY ADVS.
               SRI.ZUBAIR PULIKKOOL
               SRI.P.S.BINU

RESPONDENTS:

      1        UNION OF INDIA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               MINISTRY OF SHIPPING, ROAD TRANSPORT AND
               HIGHWAYS (DEPARTMENT OF ROAD TRANSPORT AND
               HIGHWAYS), NEW DELHI - 110 001.

      2        THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
               REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, DWARAKA
               SECTOR, NEW DELHI - 110 075.

      3        THE PROJECT DIRECTOR,
               THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
               ARUMUGHAN COLONY, CHANDRA NAGAR, PALAKKAD, PIN
               - 678 007.

      4        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               PUBLIC WORKS (D) DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      5        THE DISTRICT COLLECTOR,
               CIVIL STATION, KANNUR DISTRICT, PIN - 670002.
 WP(C)No.33908 of 2019

                              2

      6      THE SEPCIAL DEPUTY COLLECTOR (LAND
             ACQUISITION),
             NATIONAL HIGHWAY AUTHORITY OF INDIA,
             THALIPARAMBA, KANNUR DISTRICT, PIN - 670 141.

      7      THE SPECIAL THAHASILDAR (LAND ACQUISITION),
             NATIONAL HIGHWAY AUTHORITY OF INDIA, UNIT NO.2,
             THALIPARAMBA, KANNUR DISTRICT, PIN - 670 141.

      8      ASSISTANT EXECUTIVE ENGINEER,
             PUBLIC WORKS DEPARTMENT, ROAD SUB DIVISION,
             THALASSERY, PIN - 670 101.

      9      ADDL.R9. THE PROJECT DIRECTOR
             NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
             IMPLEMENTATION UNIT, 34/743-B, VAISHNAVAM,
             BEHIND POPULAR VEHICLE MARUTHI SHOWROOM, CIVIL
             STATION.P.O., KOZHIKKODE DISTRICT, PIN-673020.
             (ADDL. R9 IMPLEADED AS PER ORDER DATED 23-01-
             2020 IN IA 1/2020 IN WP(C) 33908/2019).

             R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             R3 BY ADV. SRI.B.G.BIDAN CHANDRAN
             R3 BY ADV. SRI.E.C.KURIAKOSE
             R4-8 BY GOVERNMENT PLEADER
             SRI HANIL KUMAR M.H.- SPL GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.33908 of 2019

                                 3

                            JUDGMENT

The petitioner is in possession and ownership of 12.50 cents

of land in Sy.No.180/5A (R.S.No.180/6) in Kadannappalli Amsom

Desom of Kannur District, along with a two storied residential

building bearing No.KPP XII/581. The petitioner has filed this writ

petition under Article 226 of the Constitution of India, seeking a

writ of mandamus commanding the 6th respondent Special

Deputy Collector (Land Acquisition), National Highway Authority

of India, Thaliparamba, Kannur, to consider Ext.P6 representation

dated 12.11.2019 made by the petitioner, in accordance with

law.

2. The 6th respondent has filed a counter affidavit,

opposing the relief sought for in this writ petition. The 3 rd

respondent has also filed a counter affidavit, wherein the

provision under Section 3G of the National Highways Act, 1956 is

pointed out.

3. Heard the learned counsel for the petitioner, the

learned Assistant Solicitor General of India, appearing for the 1 st

respondent, the learned Special Government Pleader appearing WP(C)No.33908 of 2019

for respondents 4 to 8 and also the learned Standing Counsel for

the National Highway Authority of India, appearing for

respondents 2, 3 and 9.

4. The grievance of the petitioner is inadequacy of

compensation awarded by the 6th respondent Land Acquisition

Officer. The petitioner submitted Ext.P6 representation dated

12.11.2019, which was rejected by Ext.P7 reply dated

19.11.2019.

5. In case the petitioner is feeling aggrieved by the

compensation awarded by the 6th respondent in LAC No.2585, in

respect of the property in question, it is for the petitioner to avail

the statutory remedy provided under Section 3G(5) of the

National Highways Act. The inadequacy of the compensation in

the award passed in LAC No.2585 cannot be considered by the 6 th

respondent, based on Ext.P6 representation made by the

petitioner.

In such circumstances, the petitioner is not entitled for the

relief sought for in this writ petition and the writ petition is

accordingly dismissed; however, without prejudice to the right of WP(C)No.33908 of 2019

the petitioner to avail the statutory remedy provided under

Section 3G(5) of the National Highways Act, 1956, by

approaching the competent authority.

Sd/-

ANIL K. NARENDRAN JUDGE

yd WP(C)No.33908 of 2019

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE RECEIPT OF PROPERTY TAX ISSUED FROM KADANNAPPALLI-PANAPPUZHA PANCHAYAT DT. 23-11-2018.

EXHIBIT P2 COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DT. 07-02- 2019.

EXHIBIT P3 COPY OF VALUATION STATEMENT ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DT. 26-10-2019.

EXHIBIT P4 COPY OF THE DETAILED VALUATION OF THE HOUSE NO. KPP-XIII-581 WITH PLAN OBTAINED BY RTI ACT, DT. 26-10-2019.

EXHIBIT P5 COPY OF THE DETAILED VALUATION OF THE HOUSE NO. KPP-XIII-580 WITH PLAN OBTAINED BY RTI ACT, DT. 26-10-2019.

EXHIBIT P6 COPY OF THE REPRESENTATION SUBMITTED TO THE 6TH RESPONDENT BY THE PETITIONER DT. 12-11-2019.

EXHIBIT P7 COPY OF THE REPLY ISSUED TO THE PETITIONER BY THE 7TH RESPONDENT DT. 19-11-2019.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE