Mohammed Rafeeq Pallikunhi vs The District Collector
2021 Latest Caselaw 22450 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                      WP(C) NO. 23898 OF 2021
PETITIONER:

          MUHAMMED RAFEEQ PALLIKUNHI
          AGED 50 YEARS
          S/O K.M.PALLIKUNHI, RESIDING AT KUNNIL HOUSE,
          P.O.MOGRAL PUTHUR, KASARGOD TALUK AND DISTRICT,
          NOW RESIDING AT DUBAI, REPRESENTED BY HIS POWER OF
          ATTORNEY HOLDER,
          ABDUL RAHMAN P.,, AGED 43 YEARS, KUNNIL HOUSE P.O.
          MOGRAL PUTHUR, KASARGOD TALUK AND DISTRICT.

          BY ADVS.
          I.V.PRAMOD
          B.VINOD
          K.V.SASIDHARAN



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          KASARAGOD / ARBITRATOR, UNDER SECTION 3G(5) OF
          NATIONAL HIGHWAYS ACT, COLLECTORATE, VIDYANAGAR,
          KASARGOD-671123.

    2     SPECIAL DEPUTY COLLECTOR
          LAND ACQUISITION (NH), ANANGOOR, KASARAGOD-671121.


OTHER PRESENT:

          SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23898 OF 2021          2

                            JUDGMENT

The petitioner alleges that even though he has

preferred Ext.P1 application before the 1st

respondent - District Collector, under the

provisions of Section 3G(5) of the National Highways

Act ('NH Act' for short), no action has been taken

thereon by the said Authority until now; and that he

apprehends that, in the meanwhile, the compound wall

in the said property will be demolished, which will

render his application virtually infructuous.

2. The learned Senior Government Pleader,

Smt.Surya Binoy, however, in response, submitted

that the afore apprehension of the petitioner -

voiced by his learned Counsel Shri.I.V.Pramod - is

without any basis, because the wall in question

has already been measured and assessed by the

Competent Authority for Land Acquisition ('CALA'

for short), appointed under the provisions of NH

Act and consequently that the District Collector

is now only enjoined to consider whether the value

fixed for the same is correct or otherwise, based

on the relevant and Germane inputs available.

3. I must say that there is some force in the

afore submissions of the learned Senior Government

Pleader if the CALA has already measured the wall

and has evaluated its construction and cost.

However, I am of the view that since Ext.P1 is now

pending before the District Collector, it will be

prudent to allow the said Authority to take a

final decision on this aspect, so that if a

reassessment or revaluation of the wall is found

to be required by the said Authority, it will be

possible only when it is still standing.

4. In the afore circumstances and in order to

balance the rival interests of the parties, I

direct the petitioner to mark appearance before

the 1st respondent - District Collector, at 11.00

a.m. on 16.11.2021; on which day, the said

Authority will either hear him or fix another date

for hearing and then decide whether a re-

evaluation of the measurements and value of the

wall is required, in which event, necessary action

thereon shall be completed without any avoidable

delay.

5. Needless to say, until such time as the

afore exercise is completed or until the District

Collector enters an opinion that a fresh

evaluation of the wall is not necessary, action

for demolition of the same shall stand deferred.

6. It goes without saying that the District

Collector will dispose of Ext.P1 in terms of law,

following the provisions of the applicable Statutes

and Regulations, without any avoidable delay

thereafter.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/9.11

APPENDIX OF WP(C) 23898/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED NIL.

Exhibit P2 A TRUE COPY OF THE POSTAL RECEIPTS DATED 12/10/2021.