Abdullah C.P vs Union Of India
2021 Latest Caselaw 19757 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 23RD DAY OF SEPTEMBER 2021/1ST ASWINA, 1943
                      W.P.(C) NO.17271 OF 2021
     PETITIONER:

             ABDULLAH C.P., AGED 70 YEARS,
             S/O. MAMMADKUTTY HAJI, AYSHA MANZIL,
             VELIMUKKU SOUTH P.O, TIRURANGADI TALUK,
             MALAPPURAM DISTRICT.

             BY ADV C.M.MOHAMMED IQUABAL


     RESPONDENTS:

      1      UNION OF INDIA, REPRESENTED BY THE SECRETARY,
             MINISTRY OF ROAD TRANSPORT AND HIGHWAY,
             NEW DELHI, PIN - 110 001.
      2      THE SECRETARY,
             MINISTRY OF ROAD TRANSPORT AND HIGHWAY,
             NEW DELHI - PIN - 110 001.
      3      THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
             G. 5 & 6, SECTOR 10, DWARAKA, NEW DELHI,
             PIN - 110 075, REPRESENTED BY ITS DIRECTOR.
      4      THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
             LAND ACQUISITION (NH 66), MALAPPURAM P.O,
             MALAPPURAM DISTRICT, PIN - 676 505.
      5      THE SPECIAL TAHSILDAR,
             LAND ACQUISITION (NH 17), UNIT - 1,
             VALAKULAM P.O, TIRUR TALUK,
             MALAPPURAM DISTRICT, PIN - 676 508.

             BY ADVS.
             SRI.K.P.SATHEESAN (SR.)
             SRI.P.MOHANDAS (ERNAKULAM)
             SRI.SABU PULLAN
             SRI.GOKUL D. SUDHAKARAN

             SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
             SRI.K.SUDHINKUMAR - SC
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.17271 of 2021

                                    2




                             JUDGMENT

The petitioner claims to be the

owner of 11.02 Ares of land, comprised

of in Re-survey No.381/11-2 (old Survey

No.449/8) of Moonniyoor Village of

Tirurangadi Taluk, and says that the

entire extent has been now acquired by

the 3rd respondent-National Highway

Authority of India (NHAI), for

development of a Highway.

2. The petitioner asserts that no

Award has been issued in his favour by

the Competent Authority for Land

Acquisition(CALA), under the provisions

of the National Highways Act (NH Act for

short) and that said Authority is

refusing to do so, asking him to produce W.P.(C) No.17271 of 2021

the copies of the Purchase Certificate

obtained by him with respect to the

property.

3. The petitioner asserts that the

afore requirement made against him,

through Ext.P2, is untenable because,

even though he has been in possession of

the property under a 'kanam' right even

prior to 01/01/1970, he had not applied

for and obtained a Purchase Certificate

in his name. He says that, therefore,

the condition in Ext.P2 is impossible;

and consequently prays that the CALA be

directed to grant him the eligible

compensation, without insisting on

production of a Purchase Certificate or

the application made by him for such

purpose.

4. The learned Senior Government W.P.(C) No.17271 of 2021

Pleader, Smt.K.Amminikutty, opposed the

afore claim of the petitioner, saying

that the CALA has only acted as per law,

because compensation cannot be disbursed

to the petitioner, unless his title over

the property is established. She then

submitted that, admittedly the

petitioner only has a 'kanam' right over

the property; and therefore, that unless

he is able to demonstrate his ownership

and title over it, further action

pursuant to Ext.P1 notice, issued under

the provisions of Section 3E(1) of the

'NH Act' cannot be taken forward. She

thus prayed that petitioner be directed

to produce documents to establish his

title over the property in question for

continuation of the proceedings by the

CALA, thus culminating in an appropriate W.P.(C) No.17271 of 2021

Award and disbursement of compensation.

5. Sri.Sudhin Kumar, learned

Standing Counsel for the 'NHAI', adopted

the afore submissions of

Smt.K.Amminikutty, adding that even

though the amounts have been made

available by the Authority concerned for

disbursal, it cannot be done unless the

petitioner establishes his exclusive

title over the property in terms of law.

He explained that it is, therefore, that

the CALA has directed the petitioner to

produce either his Purchase Certificate

or at least his application to show the

same having been applied.

6. I must say that I cannot find the

requirement in Ext.P2, asking the

petitioner to produce his Purchase

Certificate or the application made by W.P.(C) No.17271 of 2021

him for such purpose, to be unfair or

illegal, because, as rightly stated by

the learned Senior Government Pleader,

unless the petitioner is able to

establish his title over the property in

question, an Award cannot be issued in

his favour, nor can the eligible

compensation disbursed.

7. In other words, it is for the

petitioner to prove his title over the

required property and since he says that

he has not applied for a Purchase

Certificate yet, I am of the view that

he should be given an opportunity of

establishing the same through other

methods, as is validly known to law.

8. In the afore circumstances, I

direct the petitioner to mark appearance

before the CALA at 11.00 am on W.P.(C) No.17271 of 2021

11/10/2021, on which day, he may produce

all relevant documents in his possession

to establish his title over the property

in question, which shall then be

assessed by the said Authority, taking

note of the petitioner's contention that

he had not applied for a Purchase

Certificate with respect to the property

in question; thus culminating in an

appropriate Award, as expeditiously as

is possible, but not later than one

month thereafter.

The Writ Petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN ss JUDGE W.P.(C) No.17271 of 2021

APPENDIX OF WP(C) 17271/2021

PETITIONER EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 23.02.2021.

Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 4.08.2021

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 03.06.2021.