Prakashan vs The District Collector
2022 Latest Caselaw 12014 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 39145 OF 2022
PETITIONER:

          PRAKASHAN.,
          AGED 66 YEARS, S/O. BHASKARAN,
          SOUGANTH (KALLERIL) (H) IRINGAL (P.O.),
          VADAKARA TALUK, KOZHIKODE DISTRICT 673 521.

          BY ADVS.
          SRI.K.B.ARUNKUMAR
          SMT.POOJA K.S.


RESPONDENTS:

1 THE DISTRICT COLLECTOR, COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O., ERANHIPPALAM, KOZHIKODE DISTRICT 673 020.

2 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH) COLLECTORATE, WAYANAD ROAD, CIVIL STATION, P.O, ERANHIPPALAM, KOZHIKODE DISTRICT 673 020.

3 SPECIAL TAHSILDAR LA (NH), KOYILANDY MINI CIVIL STATION, KOYILANDY (P.O.), KOZHIKODE DISTRICT 673 305.

4 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAMPARAMBA P.O., KOZHIKODE DISTRICT 673 009.

BY ADV MANU S., DSG OF INDIA

SMT. C. S. SHEEJA, SR.GOVT. PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).39216/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39145 OF 2022 & cont. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 39216 OF 2022

PETITIONER:

DILEEP KUMAR E AGED 66 YEARS, S/O. KANNAN, EDAPPALLI(H), IRINGAL (P.O), VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 521.

BY ADVS.

SRI.K.B.ARUNKUMAR SMT.POOJA K.S.

RESPONDENTS:

1 THE DISTRICT COLLECTOR COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

2 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

3 SPECIAL TAHSILDAR LA(NH), KOYILANDY MINI CIVIL STATION, KOYILANDY (P.O), KOZHIKODE DISTRICT, PIN- 673 305.

WP(C) NO. 39145 OF 2022 & cont. cases

4 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487A, PROVIDENCE WOMENS COLLEGE ROAD, MALAMPARAMBA P.O, KOZHIKODE DISTRICT, PIN- 673 009.

BY ADVS.

SRI.MANU S., DSG OF INDIA SRI.N.J.ASHWIN SRI.BIMAL K.NATH, SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).39145/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39145 OF 2022 & cont. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 39221 OF 2022

PETITIONER:

MUHAMMED KOYA C AGED 78 YEARS, S/O. MOIDY, A K HOUSE (H), THIKKODI, THIKKODI (P.O), KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 529.

BY ADVS.

SRI.K.B.ARUNKUMAR SMT.POOJA K.S.

RESPONDENTS:

1 THE DISTRICT COLLECTOR COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

2 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

3 SPECIAL TAHSILDAR LA(NH), KOYILANDY MINI CIVIL STATION, KOYILANDY (P.O), KOZHIKODE DISTRICT, PIN- 673 305.

WP(C) NO. 39145 OF 2022 & cont. cases

4 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487A, PROVIDENCE WOMENS COLLEGE ROAD, MALAMPARAMBA P.O, KOZHIKODE DISTRICT, PIN- 673 009.

BY ADV MANU S., DSG OF INDIA SMT.C.S.SHEEJA, SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).39145/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39145 OF 2022 & cont. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 39222 OF 2022

PETITIONER:

AMINA C AGED 73 YEARS W/O. ABDUL KAREEM C.K, KATTUPARAMBHIL (H), CHINGAPURAM (P.O), KOZHIKODE DISTRICT, PIN-673 529.

BY ADVS.

SRI.K.B.ARUNKUMAR SMT.POOJA K.S.

RESPONDENT:

1 THE DISTRICT COLLECTOR COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

2 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT, PIN- 673 020.

3 SPECIAL TAHSILDAR LA(NH), KOYILANDY, MINI CIVIL STATION, KOYILANDY (P.O), KOZHIKODE DISTRICT, PIN- 673 305.

WP(C) NO. 39145 OF 2022 & cont. cases

4 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487A, PROVIDENCE WOMENS COLLEGE ROAD, MALAMPARAMBA P.O, KOZHIKODE DISTRICT, PIN- 673 009.

BY ADV MANU S., DSG OF INDIA SRI.BIMAL K.NATH, SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).39145/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39145 OF 2022 & cont. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 39228 OF 2022

PETITIONER:

KHADEESA AGED 68 YEARS W/O. MUHAMMED KOYA, A.K. HOUSE(H), THIKKODI, THIKKODI (P.O), KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 529

BY ADVS.

SRI.K.B.ARUNKUMAR SMT.POOJA K.S.

RESPONDENTS:

1 THE DISTRICT COLLECTOR COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT.

PIN-673 020.

2 THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (NH), COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O, ERANHIPPALAM, KOZHIKODE DISTRICT.

PIN- 673 020.

3 SPECIAL TAHSILDAR LA(NH) KOYILANDY MINI CIVIL STATION, KOYILANDY (P.O), KOZHIKODE DISTRICT.

PIN- 673 305.

WP(C) NO. 39145 OF 2022 & cont. cases

4 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487A, PROVIDENCE WOMENS COLLEGE ROAD, MALAMPARAMBA P.O, KOZHIKODE DISTRICT.

PIN- 673 009.

BY ADVS.

MANU S., DSG OF INDIA MINI GOPINATH -CGC SRI.BIMAL K.NATH, SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).39145/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39145 OF 2022 & cont. cases

T.R. RAVI, J.

-------------------------------------------- W. P. (C). Nos. 39145, 39216, 39221, 39222 & 39228 of 2022

-------------------------------------------- Dated this the 22nd day of December, 2022

JUDGMENT

In all these cases the issue is regarding the method of

valuation that has been adopted by the CALA with respect to

structures standing in the immovable property that has been

acquired. The case of the petitioners is that instead of following the

plinth area method the Authority is following the detailed valuation

statement method which is against the interest of the person from

whom the property is acquired. The submission is that the best

method of valuation which is in favour of the persons losing the

property should be adopted.

2. Sri.B.G.Bidan Chandran, Standing Counsel on instructions

submits that after considering the issue involved, it has been

decided to peremptorily follow the plinth area method in the case of

acquisition for the National Highway. However, an apprehension is

raised that there may be cases where the detailed valuation method

is more advantageous to the affected person. Since that is not an

issue directly involved in these cases, all these writ petitions are WP(C) NO. 39145 OF 2022 & cont. cases

disposed of directing the respondents to follow the plinth area

method for valuation of the structures in the case of the petitioners

in the above writ petitions. Wherever a supplementary award is

required to be issued, the Authority may issue the same within two

months from the date of receipt of a certified copy of this judgment.

It is made clear that this Court is not deciding on the better

valuation method at this stage, particularly in the absence of

necessary materials but only disposing of all these cases in view of

the stand that has been taken by the NHAI. It is also made clear

that this will not affect the rights of any person in whose favour an

award has been issued under the detailed valuation method and

where the award is more advantageous to such person than the

plinth area method. Wherever the cases are already before the

Arbitrator, the issue need be decided only at that stage and no

supplementary award need be passed by the CALA.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 39145 OF 2022 & cont. cases

APPENDIX OF WP(C) 39145/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO. 124/17A OF THE 2ND RESPONDENT DATED 16.07.2019.

Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO. 490/19-3DI OF THE 2ND RESPONDENT DATED 22.3.2022.

WP(C) NO. 39145 OF 2022 & cont. cases

APPENDIX OF WP(C) 39216/2022 PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO.182/17 OF THE 2ND RESPONDENT DATED 14.10.2019. WP(C) NO. 39145 OF 2022 & cont. cases

APPENDIX OF WP(C) 39221/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO.635/19/3D1 OF THE 2ND RESPONDENT DATED 6.2.2021.

WP(C) NO. 39145 OF 2022 & cont. cases

APPENDIX OF WP(C) 39222/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO.70/19A3D1 OF THE 2ND RESPONDENT DATED 29.5.2021.

WP(C) NO. 39145 OF 2022 & cont. cases

APPENDIX OF WP(C) 39228/2022 PETITIONER'S EXHIBITS Exhibit P1 : THE TRUE COPY OF THE PROCEEDINGS IN LAC NO.

636/19/3D1 OF THE 2ND RESPONDENT DATED 06.02.2021.