Mohamed Abdul Salam A vs Union Of India
2022 Latest Caselaw 977 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                        WP(C) NO. 2194 OF 2022
PETITIONER:

            MOHAMED ABDUL SALAM A., AGED 54 YEARS,
            S/O.ABDUL RASAK, SAJJAD MANZIL, (NISHEEDHINI),
            PALLIMMUKKU, VALIYAKULANGARA, OACHIRA P.O.,
            KOLLAM DISTRICT, PIN - 690 52.

            BY ADVS.M.V.BOSE
            VINOD MADHAVAN
            SHARATH S.PUTHENPARAMPAN
            ANU PAUL


RESPONDENTS:

    1       UNION OF INDIA, REPRESENTED BY THE SECRETARY,
            MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
            CENTRAL DELHI P.O., NEW DELHI - 110 001.

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

    3       NATIONAL HIGHWAY AUTHORITY OF INDIA, G- 586, SECTOR 10,
            DWARAKA, NEW DELHI-110075, REPRESENTED BY CHAIRMAN.

    4       THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF
            INDIA, PROJECT IMPLEMENTATION UNIT, T.C-29/1539/1,
            RAJASREE KAIRALI, PERUMTHANI, VALLAKKADAVU P.O.,
            THIRUVANANTHAPURAM - 695 008.

    5       THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH) &
            COMPETENT AUTHORITY, COLLECTORATE, CIVIL STATION ROAD,
            CIVIL STATION P.O., KOLLAM - 691 013.

            SMT MABLE C KURIAN, SR GP
            SRI.S.MANU, ASGI,
            SRI.MATHEWS K.PHILIP, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2194 OF 2022
                                  -2-

                                JUDGMENT

The limited plea of the petitioner is that the

competent Authority for Land Acquisition (CALA),

appointed under the provisions of the National

Highways Act (the 'NH Act', for short), be

directed to consider Ext.P10 application, wherein,

he has prayed that the entire amount of the Award

due to him be disbursed, without deducting 6%

towards 'salvage', since he does not intend to

take over the remnants of the building standing in

the property which has now been acquired for the

purpose of the National Highway Authority of India

(NHAI).

2. The afore request of Sri.Vinod Madhavan -

learned counsel for the petitioner, was answered

by the learned Senior Government Pleader -

Smt.Mable C.Kurian, affirming that the CALA has

not yet issued an Award under the 'NH Act'; and WP(C) NO. 2194 OF 2022

that, therefore, Ext.P10 will also be taken into

account while the same is finalized.

3. It is needless to say that when the owner

of a property brings to the notice of the CALA

that he does not intend to take away the remnants

of the building standing thereon, then normally no

amount of 'salvage' can be deducted therefrom.

However, I do not think that this Court will be

justified in issuing any further affirmative

declarations, because it is for the said Authority

to take a final decision as per law.

Resultantly, I order this writ petition and

direct the CALA to take up Ext.P10 application of

the petitioner and dispose it of, before an Award

under the provisions of the 'NH Act' is issued

with respect to the property in question.

The afore exercise shall be completed after

hearing the petitioner, and specifically adverting WP(C) NO. 2194 OF 2022

to the judgment of this Court in Mohammad

Salahuddin v. Special Deputy Collector [W.P.

(C)No.23142 of 2021].

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 2194 OF 2022

APPENDIX OF WP(C) 2194/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT, DATED 22/09/2021 IN RESPECT OF THE PROPERTY, OWNED BY THE PETITIONER IN BLOCK NO. 3, WITH THANDAPER NO. 7965.

EXHIBIT P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT IN RESPECT OF BUILDING NO. 183 IN WRD-16.

EXHIBIT P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT IN RESPECT OF BUILDING NO 549 OF WARD 16.

EXHIBIT P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT IN RESPECT OF BUILDING NO. 580 OF WARD-16.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT EVIDENCING PAYMENT OF PROPERTY TAX IN RESPECT OF BUILDING NO. 183 IN WARD -16.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT EVIDENCING PAYMENT OF PROPERTY TAX IN RESPECT OF BUILDING NO. 549 IN WARD- 16.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 06/10/2021 ISSUED BY THE OACHIRA GRAMA PANCHAYAT EVIDENCING PAYMENT OF PROPERTY TAX IN RESPECT OF BUILDING NO. 580 IN WARD -16.

WP(C) NO. 2194 OF 2022

EXHIBIT P8 TRUE COPY OF THE NOTICE NO. LAC-7/21 DATED 09/11/2021 ISSUED BY THE DEPUTY SPECIAL COLLECTOR, (LA) NHAI AND COMPETENT AUTHORITY UNDER S.3E(1) OF THE NATIONAL HIGHWAY ACT 1956.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT 30/11/2021 RENDERED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 23142/2021.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 15/01/2022 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

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