Kerala High Court
Biju vs The Special Deputy Collector on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
WP(C) NO. 20096 OF 2012
PETITIONERS :
1 BIJU, AGED 31 YEARS,S/O.DEVASSIKUTTY,
ANTHIKKADAN HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
2 A.D.SHAJU, AGED 42 YEARS, S/O. DEVASSIKUTTY,
ANTHIKKADAN HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
3 K.A.ELSY, AGED 54 YEARS, W/O. DEVASSIKUTTY,
ANTHIKKADAN HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
4 M.O.DAVIS, AGED 64 YEARS, S/O. OUSEPH,
MADAPPILLY HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
5 K.P.JOHNY, AGED 77 YEARS,S/O.(LATE) POULOSE,
KOLAPRAN HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
6 ANNIE JOHNY, AGED 65 YEARS, W/O. K.P.JOHNY,
KOLAPARAN HOUSE, KODAKARA P.O., TRICHUR DISTRICT.
BY ADV SRI.JESWIN P.VARGHESE.
RESPONDENTS :
1 THE SPECIAL DEPUTY COLLECTOR,
SPECIAL LAND ACQUISITION OFFICER & COMPETENT
AUTHORITY, NATIONAL HIGHWAY DEVELOPMENT PROJECT,
CHEMBUKKAVU, TRICHUR-680 020.
2 THE ARBITRATOR DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE, TRICHUR-680 003.
3 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF SURFACE TRANSPORT, NEW DELHI-110 001.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA FOR R3
SHRI.DHEERAJ, GOVERNMENT PLEADER FOR R1 & R2.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A No.20096 of 2021 2
MOHAMMED NIAS C.P., J.
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W.P(C) No.20096 of 2012
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Dated this the 5th day of November, 2021
JUDGMENT
The petitioners have filed the above writ petition with the
following prayers :
(i) A writ of certiorari or any other appropriate
writ or order quashing Ext.P1 to P5 Awards to
the extent objected.
(ii) A writ of mandamus or any other appropriate
writ or order directing the respondents to
reconsider the dispute afresh, in the light of
Section 3G(7)(a) of the National Highway Act
and to pass orders by enhancing
compensation by allowing the claim of
petitioners.
(iii) Any other appropriate writ or order or
direction as the Hon'ble Court may be
pleased to grant in the circumstances of the
case."
2. The petitioners submit that the lands belonging to them
were acquired by the Government of India for widening of N.H 47
By-pass and the 1st respondent has only awarded meagre amounts as
compensation. It is his further contention that the market value on
the date of the publication of the notification of the land has not
been taken into consideration under Section 3A of the National
Highways Act, 1956.
3. Today, when the matter is taken up for hearing, the
learned counsel for the petitioners submit that the matter is covered
by the judgment in W.P(C) No.20079 of 2012, wherein this Court
did not interfere with the awards as the petitioners are having
alternative efficacious remedy under the Arbitration and
Conciliation Act, 1996. However, it was held that the petitioners are
entitled for solatium and interest in the light of the judgment of the
Hon'ble Supreme Court in Union of India and another v.
Tarsem Singh and Others ( 2019(9) SCC 304).
4. After hearing the learned counsel on either side, I feel
that similar directions could be given in the instant case as well.
Accordingly, I direct that the petitioners would be free to make
a claim before the competent authority, which shall be considered in
the light of the judgment mentioned above, within a period of three
months, from the date of receipt of such a claim from the
petitioners.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P,
JUDGE
amk
