Sr Celestine K U Mary vs National Highways Authority Of ...
2022 Latest Caselaw 9741 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                     WP(C) NO. 25863 OF 2022
PETITIONER:

            SR CELESTINE K U MARY
            AGED 74 YEARS
            SR GENERAL, ASSISI CONVENT,
            C/O. POOR LEPROSY HOSPITAL, GREEN GARDENS,
            CHERTHALA P.O. - 688 524.
            BY ADVS.
            SRI S.KRISHNAMOORTHY
            MS. SNEHA ROSE


RESPONDENTS:

    1       NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
            REP. BY DY GENERAL MANAGER CUM PROJECT DIRECTOR,
            NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
            PALKULANGARA, TRIVANDRUM - 695 024.
    2       THE DISTRICT COLLECTOR
            COLLECTORATE, ALAPPUZHA - 688 001.
    3       DEPUTY COLLECTOR (SPL)
            LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
            ALAPPUZHA - 688 001.
    4       SPECIAL TAHSILDAR
            O/O SPECIAL TAHSILDAR, LANH,
            CHERTHALA - 688 524.
            SRI. MATHEWS K. PHILIP, SC.
            SMT. C. S. SHEEJA, SR.GP.

     THIS     WRIT   PETITION    (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C)No.25863/2022
                                      2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.25863 of 2022
               --------------------------------------------
               Dated this the 26th day of August, 2022

                              JUDGMENT

Admit. Standing Counsel takes notice for the 1 st respondent.

Government Pleader takes notice for respondents 2 to 5.

2. An extent of 0.1011 Hectares (25 cents) of land

belonging to the petitioner, situated in Sy.No.34 of Cherthala South

Village, was acquired for the purpose of widening of National

Highway 66. A Convent named 'Green Gardens' and the buildings

situated therein also will come under acquisition. Ext.P2 is the

award passed by the 3rd respondent. It is stated that though the

PWD authorities had valued the building to the tune of

Rs.1,51,40,399/-, in the award, more than Rs.10,00,000/- was

reduced and only an amount of Rs.1,39,57,175/- was granted.

3. The petitioner has approached this Court seeking a

direction to the respondents to disburse the amount of

Rs.1,51,40,399/- as determined by the PWD authorities in their

initial valuation as the structural value of the convent building and

re-determine the value of the entire building in Sy.No.34 of

Cherthala South Village; to conduct an inspection to determine the W.P.(C)No.25863/2022

structural value of the entire convent building and allied structures

and also the actual extent of land to be acquired from the

petitioner's property and to award compensation before proceeding

with the acquisition and demolition under Section 29(1) of the

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013; and for other

consequential reliefs.

4. Going by the provisions contained in the National

Highways Act, once the award is passed, the matter has to be

taken up before the Arbitrator for appropriate relief. Section 3G(7)

of the National Highways Act, 1956 gives ample power to the

Arbitrator to consider appropriate value to be fixed as

compensation. Once the matter comes before the Arbitrator, the

Arbitrator is also having the powers available under Section 17 of

the Arbitration and Conciliation Act, 1996 (1996 Act for short)

which permits issuance of interlocutory orders. In such

circumstances, I deem it appropriate to relegate the petitioner to

her remedy before the Arbitrator.

5. The petitioner is directed to prefer an appropriate

application before the 2nd respondent under Section 3G of the

National Highways Act, 1956, including the contention regarding

reduction in value of structure. The petitioner shall also prefer W.P.(C)No.25863/2022

appropriate interlocutory application before the 2nd respondent under

Section 17 of the 1996 Act, seeking relief of valuation of the entire

convent building and the actual extent of land. The application shall

be filed within ten days. The Arbitrator shall consider the interlocutory

application and pass orders within one week thereafter and proceed

to finalise the arbitration application. Dispossession and demolition

shall be only after following the procedure prescribed in Section 3E of

the National Highways Act, 1956, providing sufficient time for the

Arbitrator to carry out valuation, if found necessary. The entire

arbitration proceedings shall be completed at the earliest, at any rate,

within eight months from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

T.R. RAVI JUDGE dsn W.P.(C)No.25863/2022

APPENDIX OF WP(C) 25863/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAHZAR PREPARED BY THE REVENUE INSPECTOR OF THE O/O THE SPECIAL TAHSILDAR.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS IN LAC NO.903/2019/CHERTHALA SOUTH/L 73/SO.796(E)/A2-303/2021 DATED 1/11/2021. Exhibit P3 TRUE COPY OF THE PLAN RESPECT OF THE BUILDING/STRUCTURES IN SY NO.34 OF CHERTHALA SOUTH VILLAGE.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10/1/2022 SUBMITTED BEFORE THE 2ND RESPONDENT DIST. COLLECTOR.