Kerala High Court
Mohammad Salahuddin vs Special Deputy Collector on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 23142 OF 2021
PETITIONERS:
1 MOHAMMAD SALAHUDDIN, AGED 70 YEARS,
S/O. MOHAMMED KUTTY, SHIRAZ, KAYAMKULAM P. O.,
KEERIKKAD PART, ALLEPPEY - 690502.
2 LAZARUS ALOYSIUS, AGED 78 YEARS,
S/O. SEBASTIAN LAZARUS, MARIYALAYAM,
SAKTHIKULANGARA P.O., KOLLAM - 691 581.
BY ADVS.P.SATHISAN
DONA AUGUSTINE
RAJITHA K.R
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH), COLLECTORATE,
CIVIL STATION WARD, ALLEPPEY P.O., PIN - 688 001.
2 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH), COLLECTORATE,
CIVIL STATION ROAD, CIVIL STATION P.O.,
KOLLAM - 691013.
3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P. O., PIN - 695 001.
4 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, TC 36/414(5),
KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA P.O.,
THIRUVANANTHAPURAM - 695 024.
5 UNION OF INDIA, REP. BY SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
GOVERNMENT OF INDIA, CENTRAL DELHI P.O.,
NEW DELHI - 110 001.
WP(C) NO. 23142 OF 2021
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6 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY, ROOM NO.213, MINISTRY OF ROAD
TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1,
PARLIAMENT STREET, CENTRAL DELHI P. O.,
NEW DELHI - 110 001.
7 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI
P.O., NEW DELHI - 110 075.
8 CHAIRMAN, NHAI, G-5 & 6, SECTOR - 10, DWARAKA,
SOUTH WEST DELHI P.O., NEW DELHI - 110 075.
BY ADVS.K.A.SALIL NARAYANAN
SMT.MINI GOPINATH, CGC
SMT.SURYA BINOY.SR.G.P.
SMT.I.SHEELA DEVI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23142 OF 2021
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JUDGMENT
The petitioners have approached this Court
seeking a direction to the competent respondent not to
deduct 6% of the compensation determined with respect
to the building, earlier standing on the property now
acquired by the National Highways Authority of India
(NHAI), saying that they do not propose to take away
the salvage from the said land.
2. Sri.P.Sathisan - learned counsel appearing
for the petitioners, submitted that deduction of 6%
salvage would apply only if his clients remove the
same from the property; but that if they do not do so,
the Competent Authority of the Land Acquisition (CALA)
- appointed under the provisions of the National
Highways Act (NH Act) - is obligated to grant them the
entire compensation determined, without deduction of
any percentage towards "salvage".
3. Sri.K.A.Salil Narayanan - learned Standing
Counsel for the NHAI, submitted that the provision for
WP(C) NO. 23142 OF 2021
deduction of salvage has been adopted as per the
directions and instructions of the Ministry of Road
Transport and Highways (MoRTH); and, therefore, that
CALA is obligated to abide by the same.
4. However, to a pointed question from this
Court, Sri.Salil Narayanan submitted that if the
petitioners do not take away the salvage, then
certainly, said instructions do not mention about
deduction of any percentage from the determined Award.
He added that this is a matter to be considered by the
CALA appropriately.
5. In response, Smt.Surya Binoy - learned Senior
Government Pleader, submitted that if the Awards have
not been passed with respect to the property acquired
from the petitioners, then they can be heard with
respect to deduction of salvage percentage by the
CALA. She, however, prayed that this Court may not
make any affirmative declarations in their favour and
leave it to the said Authority to take an apposite
decision thereon as per law.
WP(C) NO. 23142 OF 2021
6. When I consider the afore submissions, prima
facie it appears that the instructions of the MoRTH,
with respect to the salvage, is only in the case where
the owner of the property and the building takes away
the remnants of the demolished structure; however, in
case where an owner decides not to do so, the entire
compensation may have to be determined and paid to
him.
7. In the afore circumstances, I direct the CALA
to consider the case of the petitioners - that they do
not intend to take away the salvage from the acquired
property and, therefore, that they are entitled to
full compensation determined under the provisions of
the NH Act. This direction, of course, will apply only
in the event the Awards in favour of the petitioners
have not been issued until today and not otherwise;
and if, on the contrary, such Awards have already been
issued, then petitioners will certainly have to
challenge the same in terms of Section 3G(5) of the NH
Act, with the afore directions ceasing to have any
WP(C) NO. 23142 OF 2021
effect thereupon.
8. To enable an expeditious compliance of the
afore directions, I direct the petitioners to mark
appearance before the CALA at 11 A.M. on 06.12.2021;
and if the Awards have not yet been issued, then their
contentions shall be taken into account, while
settling it in terms of the "NH Act".
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 23142 OF 2021
APPENDIX OF WP(C) 23142/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF
THE 3A NOTIFICATION DATED 15.02.2018.
EXHIBIT P1(A) TRUE COPY OF THE RELEVANT EXTRACT OF
THE 3A NOTIFICATION DATED 25.06.2019
BEARING NO.SO 2113(E).
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF
THE 3D NOTIFICATION DATED 12.02.2019
BEARING NO.SO 817(E).
EXHIBIT P2(A) TRUE COPY OF THE RELEVANT EXTRACT OF
THE 3D NOTIFICATION DATED 09.06.2020.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER DATED
11.10.2021.
EXHIBIT P3(A) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER DATED
11.10.2021.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF
NOTIFICATION DATED 28.08.2015 IN
S.O.NO.2368(E).
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE NATIONAL HIGHWAY AUTHORITY OF
INDIA DATED 04.10.2019.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
