Kerala High Court
The National Highways Authority ... vs Sobhanakumari on 23 June, 2021
WA No.466/2021 1/4
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 23rd DAY OF JUNE 2021 / 2ND ASHADHA, 1943
WA NO. 466 OF 2021
AGAINST THE JUDGMENT DATED 9.12.2020 IN W.P.(C) 3752/2020
APPELLANTS/RESPONDENTS 4 & 5:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA G5 AND 6, SECTOR 10,
DWARAKA, NEW DELHI, PINCODE-110 075, REPRESENTED BY ITS CHAIRMAN.
2. THE PROJECT DIRECTOR, NATIONAL HIGHWAY PROJECT IMPLEMENTATION
UNIT,
THIRUVANANTHAPURAM-605 036.
BY.ADV.MATHEWS K. PHILIP
RESPONDENTS/PETITIONERS/RESPONDENTS 1 TO 3
1. SOBHANAKUMARI, AGED 62 YEARS, D/O.SARASWATHY AMMA, RESIDING AT
MELEPUTHENVEEDU, THAMALAM, THIRUVANANTHAPURAM DISTRICT,
PINCODE-695 012.
2. RENUKA S., D/O.SAROJAM, RESIDING AT NO.907, 9TH STREET,
SHANKAR NAGAR, NEERAMANKARA, KAIMANAM P.O., NEMOM TALUK,
THIRUVANANTHAPURAM DISTRICT-695 040.
3. SHRI,RAMASWAMY.A., S/O.K.R.ANANTHAPADMANABHAN, RESIDING AT
NO.907, 9TH STREET, SHANKAR NAGAR, NEERAMANKARA, KAIMANAM P.O.,
NEMOM TALUK, THIRUVANANTHAPURAM DISTRICT-695 040.
4. SMT.G.R.BINDU, D/O.RADHAMMA, BINDU BHAVAN, PUNNAKKULAM,
KOTTUKAL P.O., THIRUVANANTHAPURAM DISTRICT, PINCODE-695 501.
5. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVERNMENT OF INDIA, PARIVAHAN BHAVAN, I PARLIAMENT STREET, NEW
DELHI, PINCODE-110 001, REPRESENTED BY ITS SECRETARY.
6. THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, LAND
ACQUISITION, NATIONAL HIGHWAY, KAZHAKKUTTOM-KARODE BYPASS
PROJECT, 3RD FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
WA No.466/2021 2/4
7. THE ARBITRATOR & DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
NATIONAL HIGHWAY, KAZHAKKUTTOM-KARODE BYPASS PROJECT,
THIRUVANANTHAPURAM DISTRICT, 2ND FLOOR, CIVIL STATION BUILDING,
CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 043.
PRAYER FOR INTERIM RELIEF IN THE WRIT APPEAL STATING THAT IN THE
CIRCUMSTANCES STATED IN THE APPEAL MEMORANDUM THE HIGH COURT MAY BE PLEASED
TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE JUDGMENT DATED 9.12.2020 IN
W.P.(C)NO.3752/2020 PENDING DISPOSAL OF THE WRIT APPEAL.
THIS WRIT APPEAL COMING ON FOR ADMISSION ON 23.6.21, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING.
.
WA No.466/2021 3/4
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-------------------------------------------------------
W.A No.466 of 2021
---------------------------------------------------------
Dated this the 23rd day of June, 2021
ORDER
S. Manikumar, CJ
This writ appeal is directed against the judgment dated 9.12.2020 in
W.P.(C) No.3752/2020, by which the writ court ordered thus:
"16. In the result, these writ petitions are allowed. The
competent authority is directed to reopen the cases of the petitioners
and redetermine the compensation in accordance with the guidelines
dated 28.12.2017 within a period of three months. Neeful shall be done
after hearing the petitioners and the National Highways Authority. No
costs."
2. Mr.Mathew K.Philip, learned counsel for appellants, submitted that on
similar issues, this Court has already entertained Writ Appeal Nos.273/2021,
296/2021 and 468/2021 and that an interim stay of operation of judgment
impugned therein was also granted.
WA No.466/2021 4/4
3. Placing on record the above, instant writ appeal No.466 of 2021 is
admitted. There shall be an order of interim stay for the judgment impugned.
Registry is directed to post the W.A. No.466/2021 along with W.A Nos. 273/2021,
296/2021 and 468/2021.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY,
JUDGE
smv
23-06-2021 /True Copy/ Assistant Registrar
