Majeed K.K vs National Highways Authority Of ...
2022 Latest Caselaw 8307 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21446 OF 2022
PETITIONER:

           MAJEED K.K., AGED 72 YEARS
           S/O KUNCHIMOIDU, KOTTAPURATH HOUSE, THIRUVATHRA P.O,
           CHAVAKKAD, THRISSUR DISTRICT 680516.

           BY ADVS.
           V.N.HARIDAS
           SAIFUDEEN T.S
           ANJANA CHANDRAN



RESPONDENTS:

    1      NATIONAL HIGHWAYS AUTHORITY OF INDIA,
           REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT
           IMPLEMENTATION UNIT, VII/511B NEYTHELIMAVELIPURAM ROAD,
           MAVELIPURAM, KAKKANAD P.O, ERNAKULAM-682030.

    2      THE COMPETENT ARBITRATOR,
           DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION, KALYAN
           NAGAR, AYYANTHOLE, THRISSUR - 680 003.

    3      COMPETENT AUTHORITY FOR LAND ACQUISITION SPECIAL DEPUTY
           COLLECTOR,
           NH-17, KUTTIPPURAM-EDAPPALLY, KODUNGALLOR, THRISSUR 680
           003.


OTHER PRESENT:

           GP ADV. BIMAL K. NATH

           SC FOR NHAI ADV.B.G.BIDHAN CHANDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). 21446/2022
                                          2



                                  JUDGMENT

The petitioner claims to be the owner of 0.0762

hectares of land comprised in Sy. No. 131/1A (131/3D) of

Manathala Village in Chavakkad Taluk. The petitioner's

commercial building is stated to be situated within the property.

The property was acquired by the 1st respondent for the purpose

of development of National Highway and compensation was

awarded under Ext. P3. Being dissatisfied with the quantum of

compensation, the petitioner has preferred Ext. P4 application

and the same is pending consideration.

2. This writ petition is filed aggrieved by the delay in

taking a decision on the petitioner's application.

3. Having heard the learned counsel for the

petitioner, the learned Government Pleader and the learned

Standing Counsel for the National Highway Authority of India,

this writ petition is disposed of directing the 2 nd respondent to

take up Ext. P4 application and pass a reasoned order thereon,

after affording an opportunity of hearing to the petitioner, within W.P.(C). 21446/2022

eight months of receipt of a copy of this judgment. If the

application is not disposed of within the said period of eight

months, the petitioner can approach this Court again.

Sd/-

V.G.ARUN JUDGE

sb W.P.(C). 21446/2022

APPENDIX OF WP(C) 21446/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 16.10.2021 ISSUED BY THE REVENUE DEPARTMENT.

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 10.02.2021 ISSUED BY THE CHAVAKKAD MUNICIPALITY.

Exhibit P3 A TRUE COPY OF THE INTIMATION CONCERNING AWARDED; COMPENSATION THE LAC NO: C2/MAN/008431/2021 DATED 31.12.2021 AND THE TRUE COPY OF THE COMPENSATION AWARD FOR THE 0.0762 HECTARES OF LAND COMPRISED IN SY NO. 131/1A (131/3D), ISSUED BY THE OFFICE OF THE 3RD RESPONDENT UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956; NO: 1/2021 C2/MAN/008431/2021 DATED 31.12.2021.

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 05.03.2022 ALONG WITH ITS POSTAL EVIDENCE.