Muhammed Shafi vs District Collector, Malappuram
2021 Latest Caselaw 14113 Ker

WP(C) NO. 13452 OF 2021           1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943


                      WP(C) NO. 13452 OF 2021


PETITIONER/S:



           MUHAMMED SHAFI,
           AGED 39 YEARS,
           S/O. THULANADAN KOYA HAJI, KALPAKANCHERY AMSOM,
           PARAVANNOOR DESOM, P.O. KALPAKANCHERY, TIRUR,
           MALAPPURAM DISTRICT-676 551.

           BY ADVS.
           K.SUJAI SATHIAN
           R.KRISHNAKUMAR (CHERTHALA)
           MARY LIYA SABU



RESPONDENT/S:


,
    1      DISTRICT COLLECTOR, MALAPPURAM
           ARBITRATOR UNDER THE NATIONAL HIGHWAY ACT,
           COLLECTORATE, CIVIL STATION, MALAPPURAM -676 505.

    2      COMPETENT AUTHORITY AND DEPUTY COLLECTOR,
           LAND ACQUISITION (N.H.), MALAPPURAM, COLLECTORATE,
           CIVIL STATION, MALAPPURAM-676 505.

    3      NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
           REP. BY ITS PROJECT DIRECTOR, VII/511-B, NEYTHELI-
           MAVELIPURAM ROAD, KAKKANAD, ERNAKULAM-682 030.
 WP(C) NO. 13452 OF 2021           2



    4      UNION OF INDIA,
           MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, REP. BY ITS
           SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
           TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
           NEW DELHI-110 001.




           SMT A C VIDHYA,   GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13452 OF 2021                   3




                                   JUDGMENT

The petitioner states that he is the absolute owner in title and

possession of property having an extent of about 13.99 cents in

Re.Sy.No.169/2C of Kurumbathoor Village. A multi-storied commercial

building was constructed by the petitioner in a portion of the property. He

contends that an extent of about 2.17 Ares of property and a portion of the

multi-storied building was acquired invoking the provisions of the National

Highways Act, 1956 for the purpose of constructing the National Highway

No.66. Ext.P1 award was passed and the property was taken possession of

under Section 3E of the Act. Being aggrieved by the quantum of

compensation awarded, the petitioner along with the co-owners filed Ext.P3

application for enhancement before the Arbitrator, the 1st respondent herein.

The petitioner asserts that the portion of the building has not been

demolished to date. He states that for a fair determination of the value of

the building, the petitioner submitted Ext.P4 application before the Arbitrator

seeking to appoint a competent expert to inspect the building and to value

the same. The grievance of the petitioner is that the 1st respondent is

refusing to take up Ext.P4 application and pass orders thereon. It is in the

afore circumstances that the petitioner has approached this Court seeking the

following reliefs:

" a) Issue a writ of mandamus, or any other appropriate writ, order or

direction directing the 1st respondent to appoint an expert for properly

assessing the value of the three storied building situated in 5.663 Ares [13.99

cents] of property in Re.Sy.No.169/2C of Kurumbathoor Village in the interest

of justice.

b) Issue a writ of mandamus, or any other appropriate writ, order or

direction directing the 1st respondent to consider Exhibit-P4 prior to

demolition of the acquired building as per Exhibit-P1 award and to pass

orders thereon expeditiously.

c) Issue a writ of mandamus, or any other appropriate writ, order or direction

directing the 1st respondent to consider Exhibit-P3 and pass orders thereon

immediately within the time frame fixed by this Hon'ble Court."

2. Sri.R.Krishnakumar, the learned counsel appearing for the

petitioner, submitted that though possession of the property was taken, the

portion of the building has not been demolished to date.

3. The learned Government Pleader on instructions submitted that if

the property has not been demolished, there cannot be any impediment in

considering the said application on its merits.

4. Sri.Mathews K Philip, the learned Standing Counsel appearing for

the National Highway submitted that in Exts.P3 and P4, the requisitioning

authority is not seen made a party. He submitted that the requisitioning

authority may also be heard at the time of consideration of the application.

5. I have considered the submissions advanced. I find that the

petitioner herein has preferred Ext.P3 application before the Arbitrator

seeking enhancement. He has also filed Ext.P4 application for appointing a

competent expert to assess the value of the building. The learned counsel

submits that the building is still intact and has not been demolished. In that

view of the matter, necessary directions can be issued to consider Ext.P4

application and take a decision on its merits in an expeditious manner.

In the result, this Writ Petition will stand disposed of with a direction to

the 1st respondent to take up Ext.P4 application and take a decision, with

notice to the petitioner, the requisitioning authority as well as the affected

parties if any, expeditiously, in any event within a period of three weeks from

the date of production of a copy of this order. The directions issued as above

shall be operative only if the building which is the subject matter of Ext.P3

application has not been demolished as on the date of pronouncement of this

judgment.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

DSV/7.7.21

APPENDIX OF WP(C) 13452/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 A TRUE COPY OF THE AWARD NO.

D.2208/2021/TIR/1148 DATED 15.06.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE MAHAZAR DATED 16.06.2021.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29/06/2021.

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29/06/2021.

RESPONDENT(S) EXHIBITS:          NIL