Saina K. M vs Union Of India
2022 Latest Caselaw 1912 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                        WP(C) NO. 5509 OF 2022
PETITIONER:

1         SAINA K. M.
          AGED 62 YEARS
          W/O. MOOSAKKUTTY CHAKKALAKKAL, CHAKKALAKKAL HOUSE,
          PADIKKAL, MOONNIYUR, VELLIMKKU, MALAPPURAM DISTRICT -
          676317.

2         SAJITHA C, AGED 46 YEARS,
          W/O ABDUSSAMAD P.C, CHAKKALAKKAL HOUSE,
          PADIKKAL, MOONNIYUR, VELLIMKKU, MALAPPURAM DISTRICT-676
          317.

3         MOHAMMED NASEEF C, AGED 36 YEARS, MOOSAKKUTTY
          CHAKKALAKKAL, CHAKKALAKKAL HOUSE, PADIKKAL, MOONNIYUR,
          VELLIMKKU, MALAPPURAM DISTRICT - 676 317.

          BY ADVS.
          K.MOHAMMED RAFEEQ
          AMARNATH R LAL



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD
          TRANSPORT AND HIGHWAYS, NEW DELHI - 111 001.

    2     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    3     NATIONAL HIGHWAY AUTHORITY OF INDIA
          G-586, SECTOR - 10, DWARAKA, NEW DELHI - 110 075,
          REPRESENTED BY ITS CHAIRMAN.

    4     SPECIAL DEPUTY COLLECTOR
          COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY
          AUTHORITY OF INDIA, MALAPPURAM DISTRICT - 676 504.

    5     THE DISTRICT COLLECTOR AND ARBITRATOR
          APPOINTED FOR NATIONAL HIGHWAY LAND ACQUISITION
 WP(C) NO. 5509 OF 2022
                                2

          DISPUTES, MALAPPURAM - 676504.



          SMT.K.AMMINIKUTTY SR.G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5509 OF 2022
                                        3



                                 JUDGMENT

The petitioners say that they have

preferred Ext.P4 application before the 5th

respondent - District Collector under the

provisions of Section 3G(5) of the National

Highways Act (NH Act) and pray that it be

directed to be disposed of without any delay.

2. As an adscititious plea, the

petitioners pray that 5th respondent be

directed to conduct valuation of the building

and the property in question before the former

is demolished because, according to them, the

value fixed by the Competent Authority for

Land Acquisition (CALA) is woefully

insufficient.

3. In response to the afore submissions of

Sri.K.Mohammed Rafeeq - learned counsel for

the petitioners, the learned Senior Government WP(C) NO. 5509 OF 2022

Pleader submitted that if the petitioners only

require Ext.P4 to be taken up and disposed of

by the 5th respondent in terms of law, there

does not appear to be any legal impediment;

but prayed that this Court may not make any

affirmative declarations in his favour and

leave it to the said respondent to take an

appropriate decision thereon, as per law.

4. Taking note of the afore submissions, I

direct the 5th respondent to immediately take

up Ext.P4 application of the petitioners and

decide whether a fresh valuation of the

property and the building standing thereon is

necessary and to thus issue an appropriate

proceedings, after hearing the petitioners on

the same.

5. Depending upon the proceedings to be so

settled - a copy of which shall be

communicated to the petitioners - the 5th

respondent will be at liberty to continue WP(C) NO. 5509 OF 2022

further proceedings on Ext.P4 and to complete

the same, following due procedure and after

hearing the parties again, as expeditiously as

is possible.

6. It is clarified that the District

Collector will have to first decide whether

valuation of the building and the property is

required and only thereafter will its

demolition be undertaken in terms of law.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/18/02/2022 WP(C) NO. 5509 OF 2022

APPENDIX OF WP(C) 5509/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE DATED 16.08.2021 ISSUED BY THE VILLAGE OFFICER, MOONNIYUR VILLAGE.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 05.07.2021 PASSED BY THE FOURTH RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 30.11.2021 IN WPC NO.23142/2021 ON THE FILE OF THIS HONOURABLE COURT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 06.09.2021 UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAY ACT, 1956 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 28.09.2021 IN WPC NO.20166/2021 ON THE FILE OF THIS HONOURABLE COURT.