Kotikulam Abdulla Kunhi vs Union Of India
2022 Latest Caselaw 1083 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                        WP(C) NO. 2781 OF 2022
PETITIONER:

          KOTIKULAM ABDULLA KUNHI, AGED 61 YEARS,
          S/O.K.M.ABDULKHADER, SABRINA MANZIL, WEST BEVOORI ROAD,
          UDMA P.O., HOSDURG, KASARGODE - 671 319,
          REP. THROUGH POA HOLDER ABDUL KHADER MUNDOL,
          AGED 62 YEARS, S/O.LATE ABDULLA MUNDOL, ZUB-INN,
          KOLIYATT, POST-PARAVANADUKKAM, CHEMNAD,
          KASARGODE-671 317.

          BY ADVS.P.SATHISAN
          DONA AUGUSTINE


RESPONDENTS:

    1     UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF ROAD
          TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA,
          CENTRAL DELHI P.O., NEW DELHI-110 001.

    2     DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
          SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
          CENTRAL DELHI P.O., NEW DELHI-110 001.

    3     PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA
          (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI
          P.O., NEW DELHI - 110 075.

    4     CHAIRMAN, NHAI, G-5 & 6, SECTOR -10, DWARAKA,
          SOUTH WEST DELHI P.O., NEW DELHI-110 075.

    5     PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA
          PROJECT IMPLEMENTATION UNIT - KOZHIKODE, LOTUS HOUSE,
          34 1487A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAPARAMBA
          P.O., KOZHIKODE-673 009.

    6     STATE OF KERALA, REP.BY ITS SECRETARY,
          PUBLIC WORKS DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM P.O., PIN-695 001.

    7     SPECIAL DEPUTY COLLECTOR, LA (NH), KASARGOD AND
          COMPETENT AUTHORITY, CIVIL STATION, VIDYANAGAR,
 WP(C) NO. 2781 OF 2022
                                -2-

            KASARAGOD P.O., PIN-671 123.

    8       DISTRICT COLLECTOR KASARAGOD, COLLECTORATE,
            CIVIL STATION, VIDYANAGAR, KASARAGOD P.O.,
            KERALA 671 123.

            SMT. K.AMMINIKUTTY - SR.GP,
            SRI.K.P.SATHEESAN


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   27.01.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 2781 OF 2022
                                    -3-

                                JUDGMENT

The petitioner impugns the deduction of 6% from

the compensation entitled to him through Ext.P1 Award,

by the Competent Authority for Land Acquisition

(CALA), appointed under the provisions of the National

Highways Act ('NH Act'), citing that he has not taken

away the remnants of the building standing in the

property acquired, particularly because he has

informed the said Authority through Ext.P4, that he

does not intend to do so.

2. The petitioner says that, in spite of Ext.P4,

the CALA has now intimated, through Ext.P5, that he

must remove the remnants from the property forthwith.

He argues that this is illegal and unlawful and goes

contrary to the various judgments of this Court,

including Ext.P2 judgment in W.P.(C) No.23142 of 2021

dated 30.11.2021.

3. The afore submissions of Smt.Dona Augustine -

learned counsel for the petitioner, were answered by WP(C) NO. 2781 OF 2022

Smt.K.Amminikutty - learned Senior Government Pleader,

saying that Ext.P5 has been issued by the CALA,

because Ext.P1 Award has already been granted in

petitioner's favour. She submitted that, therefore,

the CALA has no other option, but to allow him to take

away the remnants, particularly because 6% towards

'salvage', has already been deducted from Ext.P1

Award. She, therefore, prayed that this writ petition

be dismissed.

4. When I evaluate the afore submissions, there

can be no doubt that once the CALA has issued Ext.P1

Award, it is rendered 'functus officio', except for

the purpose of issuing Additional or Ancillary Awards,

as are permitted by the 'NH Act'. Therefore, if the

petitioner has any grievance against Ext.P1 Award, his

remedy is to approach the competent Arbitrator under

Section 3G(5) of the 'NH Act'.

Resultantly, I dispose of this writ petition,

leaving liberty to the petitioner to approach the

competent Arbitrator under the 'NH Act', with an WP(C) NO. 2781 OF 2022

appropriate application as per Section 3G(5) thereof;

and if this is done within a period of two weeks from

the date of receipt of a copy of this judgment, same

shall be considered by the said Authority de hors

Ext.P5, and after affording him an opportunity of

being heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is

possible.

Needless to say, if the petitioner approaches the

competent Arbitrator in terms of the afore liberty,

said Authority will consider his claim against the

deduction of 6% from the Award towards 'salvage',

taking note of Ext.P2 judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 2781 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SECTION 3G AWARD ISSUED BY 7TH RESPONDENT VIDE LAC NO.277/KASARGOD VILLAGE DATED 02.09.2021.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.23142 OF 2021 DATED 30TH NOVEMBER 2021 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.27967 DATED 16TH DECEMBER 2021 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF REPLY TO EXHIBIT P4 FROM THE 7TH RESPONDENT DATED 11.1.2022.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE