Mini Augustine vs National Highway Authority Of ...
2021 Latest Caselaw 18975 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       WP(C) NO. 13742 OF 2021
PETITIONER:

          MINI AUGUSTINE
          AGED 53 YEARS
          W/O. AUGUSTINE VALLANGAT HOUSE, VEEKASHANAM ROAD,
          ERNAKULAM.

          BY ADVS.
          SRI.V.M.KRISHNAKUMAR
          SMT.P.R.REENA
          SMT.MAYA M.
          SRI.P.S.SIDHARTHAN



RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY PROJECTOR DIRECTOR, MAVELIPURAM,
          KAKKANAD, ERNAKULAM DIST., PIN-682 021.

    2     SPECIAL DEPUTY TAHSILDAR (LR),
          COMPETENT AUTHORITY NH-66, KODUNGALLUR, THRISSUR
          DISTRICT, PIN-680 664

    3     SELVIN JOSE,
          OLAPRATH HOUSE, P.O. MATHILAKAM, PAPPINIVATTOM VILLAGE,
          THRISSUR DISTRICT, PIN-680 685

          BY ADV SHRI.MATHEWS K.PHILIP, SC, NHAI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13742 OF 2021
                                   2


                            JUDGMENT

This writ petition has been filed seeking a direction to

the second respondent to refer the disputes raised in Ext.P4,

under Section 3H(4) of the National Highway Act, 1956, to

the District Court, Thrissur, within a time frame to be fixed by

this Court. The petitioner also seeks a direction to the

respondent not to disburse the compensation awarded with

respect to the land comprised of in Sy.No.37/6 of the

Pappinivattom Village, without following the procedure under

Section 3H(4) of the National Highway Act.

2. When this matter was called today, Sri.Renjith

Thampan, learned senior counsel, instructed by

Smt.P.R.Reena, appearing for the petitioner and Smt.Sandra

Sunni, representing Sri.C.Harikumar, appearing on behalf of

the third respondent, were ad idem that there are civil

disputes between their clients and therefore, that the

reference to the District Court under Section 3H(4) of the

National Highway Act, 1956 is imperative.

3. Sri.Mathews K.Philip, learned counsel appearing for

the National Highway Authority of India (NHAI), also affirmed

that if civil disputes are pending between the parties, the WP(C) NO. 13742 OF 2021

matter will have to be referred to the competent Civil Court,

under the aforementioned provision.

4. Taking note of the afore limited consensus between

the parties, I allow this writ petition and direct the second

respondent to refer the disputes reflected in Ext.P4 to the

competent District Court, under Section 3H(4) of the National

Highway Act, 1956, within a period of one month from the

date of receipt of a copy of this judgment.

5. Needless to say, the disbursement of compensation

with respect to the property comprised of in Sy.No.37/6 of the

Pappinivattom Village, will abide by the orders to be issued

by the competent Court.

Resultantly, the competent Authority for Land

Acquisition (CALA) will deposit the eligible compensation with

respect to the property in question, before the Principal Civil

Court, Thrissur, as per the provisions of the National

Highways Act, without any avoidable delay.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 13742 OF 2021

APPENDIX OF WP(C) 13742/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPEAL MEMORANDUM IN RSA NO. 754/2014

Exhibit P2 TRUE COPY OF THE ORDER IN I.A NO. 1803 OF 2014 IN RSA NO. 754/2014 DATED 03.07.2015.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE PAPER PUBLICATION PUBLISHED IN MALAYALA MANORAMA DAILY ON 10.08.2020.

Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM NO. 11 SUBMITTED BY THE MOTHER OF THE PETITIONER DATED 08.09.2020.

Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF 2ND RESPONDENT DATED 30.01.2021.

Exhibit P6 TRUE COPY OF THE EMAIL COMMUNICATION DATED 20.11.2020 SENT BY ROSY GEORGE.