Rema V vs National Highways Authority Of ...
2021 Latest Caselaw 22453 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. 21472 OF 2021
PETITIONER:

                  REMA V
                  AGED 42 YEARS
                  W/O.BALAKRISHNAN M.V., RESIDING AT MUCHILOTTU HOUSE,
                  KIZHAKKUMKARA, AJANOOR POST, KASARAGOD DISTRICT 671 531

                  BY ADVS.
                  T.MADHU
                  C.R.SARADAMANI
                  SHAHID AZEEZ
                  RENJISH S. MENON



RESPONDENTS:

       1          NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
                  REP.BY ITS CHAIRMAN GG AND SECTOR 10, DWARAKA, NEW
                  DELHI 110 075

       2          DISTRICT COLLECTOR
                  KASARAGOD 671123

       3          SPECIAL DEPUTY COLLECTOR LA (NH)
                  KASARAGOD AND COMPETENT AUTHORITY 671 123

       4          THE VILLAGE OFFICER
                  KANHANGAD VILLAGE, KASARAGOD DISTRICT 671 315

                  BY ADV K.A.SALIL NARAYANAN



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. 21472 OF 2021
                               2

                          JUDGMENT

The petitioner says that a portion of his property and the

buildings standing thereon had been acquired by the National

Highway Authority of India (NHAI) for a public purpose; and

prays that the building remaining in the rest of the unacquired

property be not demolished. She says that she had preferred

Ext.P2 before the 2nd respondent District Collector and Ext.P3

before the Competent Authority of the Land Acquisition

(CALA), appointed under the provisions of the National

Highways Act (NH Act); and prays that same be directed to be

taken up and disposed of, before the remaining portion of the

building is demolished.

2. Sri. Salil Narayanan - learned Standing Counsel for

the NHAI, submitted that any decision on Exts. P2 and P3 can

be taken only by the CALA and not by any other Authority;

but added that, as far as the Project Director of the NHAI is

concerned, he has no role to play with respect to whether the

remaining portion of the building can be allowed to remain on WP(C) NO. 21472 OF 2021

the unacquired property or otherwise. He submitted that this

issue will have to be evaluated and considered by the CALA

appropriately.

3. The learned Senior Government Pleader, Smt.Surya

Binoy, submitted that the District Collector cannot take any

decision in this issue and that it will have to be taken only by

the CALA. She submitted that, therefore, if the petitioner

appears before the CALA on a particular date, her request can

be considered, after taking into account the inputs from the

Project Director of the NHAI also, appositely.

4. Taking note of the afore submissions, I direct the

petitioner to mark appearance before the 3 rd respondent -

CALA at 11.00 a.m. on 17/11/2021; on which date, the said

Authority will either hear her or fix another convenient date for

hearing and then take a final decision on Ext.P4

representation; thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is possible, but

before the building is finally demolished. WP(C) NO. 21472 OF 2021

5. Needless to say, while the afore exercise is

completed, the CALA will be at full liberty to obtain any

reports or inputs from the first respondent - Project Director

of the NHAI, as may be so warranted.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 21472 OF 2021

APPENDIX OF WP(C) 21472/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS DATED 23/1/2020 IN LAC NO.237/KANHANGAD VILLAGE OF THE THIRD RESPONDENT

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 11.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 11/2/2020 ISSUED FROM THE COLLECTORATE, KASARAGOD

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 10/6/2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT