Kerala High Court
A.K. Jayachandran vs The Special Deputy Collector La ... on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 23844 OF 2021
PETITIONER:
A.K. JAYACHANDRAN,
AGED 47 YEARS
S/O. BALAKRISHNA KURUP, KUNIYIL HOUSE, ONCHIYAM P.O.,
VIA CHOMBALA, KOZHIKODE DISTRICT-673308.
BY ADVS.
R.PARTHASARATHY
SEEMA
RESPONDENTS:
1 THE SPECIAL DEPUTY COLLECTOR LA (NH) & CALA,
KOZHIKODE, P.O. CIVIL STATION, KOZHIKODE-673020.
2 THE EXECUTIVE ENGINEER,
PWD (NH) DIVISION, KOZHIKODE-673004.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
(MINISTRY OF ROAD TRANSPORT AND HIGHWAYS), OFFICE OF
THE PROJECT DIRECTOR, NHAI, PROJECT IMPLEMENTATION
UNIT, REPRESENTED BY PROJECT DIRECTOR, 34/743-B,
VAISHNAVAM, CIVIL STATION P.O., KOZHIKODE-673020.
OTHER PRESENT:
SMT. SURYA BINOY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23844 OF 2021
2
JUDGMENT
The petitioner has approached this Court with a
limited plea that the 1st respondent, who is the Competent
Authority for Land Acquisition (CALA) under the provisions
of the National Highways Act (NH Act) - be directed to
take up Ext.P1 and decide on it, including on his request
that the whole building, consequent to the acquisition of
the property, also be acquired.
2. However, the learned Senior Government
Pleader - Smt. Surya Binoy, submitted that it is now well
settled that the provisions of the Land Acquisition Act,
1894, cannot be applied in the case of the acquisition
made under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabitation and
Resettlement Act, 2013 (hereinafter referred to as the
"Fair Compensation Act"); and therefore, that only the
properties which are within the line of acquisition can be
acquired. She pointed out that, by Section 3(j) of the
WP(C) NO. 23844 OF 2021
"Fair Compensation Act", the petitioner certainly obtains a
right to seek damage that may be caused on account of
the severance of the property, consequent to acquisition.
3. Even when I hear the learned Government
Pleader as afore, I am of the view that CALA must
consider Ext.P1 and issue an appropriate order on it, so
that the petitioner will obtain further recourse in law, if
he is so advised.
Resultantly, without entering into the merits of other
rival contentions and leaving them all open to be
considered by the CALA appropriately, I order this writ
petition and direct the said Authority to take up Ext.P1
request of the petitioner and dispose of the same, after
affording him an opportunity of being heard and
adverting to Exts.P2 and P3; thus culminating in an
appropriate order thereon, as expeditiously as is possible,
but not later than one month from the date of receipt of a
copy of this judgment.
WP(C) NO. 23844 OF 2021
I, however, clarify that I have not considered the
legal issues involved in this case and they are all left open
to be decided by the CALA.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
ANB
WP(C) NO. 23844 OF 2021
APPENDIX OF WP(C) 23844/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REQUEST DATED 24/03/2021
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
Exhibit P1(A) TRUE COPY OF THE CERTIFICATE OF RETIRED
PWD EXECUTIVE ENGINEER DATED 30/03/2021.
Exhibit P2 TRUE COPY OF THE REPORT SUBMITTED BY THE
SPECIAL REVENUE INSPECTOR AND THE
ENDORSEMENT BY THE VALUATION ASSISTANT
(LA) NHAI, VATAKARA.
Exhibit P3 TRUE COPY OF THE LETTER BY THE SPECIAL
THAHSILDAR TO THE SPECIAL DEPUTY
COLLECTOR DATED 06/09/2021.
Exhibit P4 TRUE COPY OF THE AWARD PASSED BY THE 1ST
RESPONDENT ON 20/04/2021.
Exhibit P5 TRUE COPY OF THE NOTICE PUBLISHED IN
MATHRUBHUMI DAILY DATED 17/10/2021.
Exhibit P6 TRUE COPY OF THE BUILDING TAX PAID FOR
THE ASSESSMENT YEAR 2021-2022.
Exhibit P7 TRUE COPY OF THE RECEIPT FOR PAYMENT OF
ELECTRICITY BILL DATED 23/10/2021.
