Pramod Raj Vengilan vs Union Of India
2022 Latest Caselaw 8443 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                     WP(C) NO. 22032 OF 2022
PETITIONERS:

    1     PRAMOD RAJ VENGILAN
          AGED 60 YEARS
          S/O.UTHAMAN, VISMAYA, K.T.BAZAR, CHORODE,
          RAYARANGOTH P.O., VADAKARA, KOZHIKODE - 673 102.
    2     SHEEJA K.
          AGED 58 YEARS
          W/O.CHANDRAN K.T., DIVYA NIVAS, PUTHUPPANAM P.O.,
          MUNIYUR, MANDARATHUR, KOZHIKODE - 673 105.
    3     NANU MASTER
          AGED 70 YEARS
          S/O.KUNHUKANNAN, NAYANA, MUKKALI, CHOMBALA P.O.,
          VATAKARA, AZHIYUR, KOZHIKODE - 673 308.
    4     SUDHEESH
          AGED 55 YEARS
          S/O.RAGHAVAN, VALSALALAYAM, AZHIYUR P.O., KOZHIKODE
          - 673 309.
    5     NISHA P.T.
          AGED 51 YEARS
          W/O.PREMRAJAN, KANNUVAYAL KUNIYIL, URALUNGAL,
          ONCHIAM, MADAPPALLI COLLEGE, RAYANGOTH P.O.,
          KOZHIKODE - 673 102.
    6     MADHAVAN M.
          AGED 65 YEARS
          S/O.DAMODARAN KIDAVU, SUSMITHAM, MADAPPALLI
          COLLEGE, VADAKARA, ONCHIAM, RAYANGOTH P.O.,
          KOZHIKODE - 673 102.
    7     KAMALAKSHI
          AGED 81 YEARS
          W/O.KRISHNAN, PANAYIPARAMBA, POOKKAD, CHEMANCHERI,
          KOZHIKODE - 673 304.
    8     GANGADHARAN P.
          AGED 65 YEARS
          MITRAPUAM SOUPARNIKA, NANDAPURAM ROAD, ONCHIAM,
          MADAPPALLI COLLEGE, RAYANGOTH P.O., KOZHIKODE - 673
          102.
 W.P.(C)No.22032/2022            2


     9      MUSTHAFA P.T.
            AGED 53 YEARS
            S/O.ABDULLA K.PADINHARA, THIRUMANGALATH, KAINATTY,
            CHORODE P.O., KOZHIKODE - 673 106.
    10      V.SREEDHARAN V.
            AGED 62 YEARS
            S/O.KELUKUTTY, CHAITHANYA, POOKKAD, CHEMANCHERI
            P.O., KOZHIKODE - 673 304.
    11      MOIDU M.
            AGED 66 YEARS
            S/O.ASSAINAR, BISMILLA MANZIL, PUTHUPPANAM P.O.,
            MANIYUR, MANDARATHUR, KOZHIKODE - 673 105.
            BY ADVS.
            SRI P.SATHISAN
            MS.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      REGIONAL OFFICER
            NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL
            OFFICE - KERALA, T.C.86/1036-I, AMBLY ARCADE,
            S.N.N.R.A.-9, PETTAH P.O.,
            THIRUVANANTHAPURAM 695 024.
     3      THE PROJECT DIRECTOR,
            NATIONAL HIGHWAYS AUTHORITY OF INDIA
            PROJECT IMPLEMENTATION - KOZHIKODE,
            HOUSE NO.2/2175-B, KRISHNAKRIPA, AISWARYA ROAD,
            CIVIL STATION P.O., KOZHIKODE - 673 020.
     4      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 - 110001.
     5      PROJECT DIRECTOR
            NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
            DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW
            DELHI - 110 075.
     6      STATE OF KERALA
            REP. BY ITS SECRETARY,
            PUBLIC WORKS DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM P.O.,
            PIN - 695 001.
 W.P.(C)No.22032/2022              3




     7       SPECIAL DEPUTY COLLECTOR
             LAND ACQUISITION (NH17), KOZHIKODE, COLLECTORATE,
             WAYANAD RD., CIVIL STATION, ERANHIPPALAM P.O.,
             KOZHIKODE - 673 020.
     8       DISTRICT COLLECTOR, KOZHIKODE,
             COLLECTORATE, WAYANAD, CIVIL STATION,
             ERANHIPPALAM P.O., KOZHIKODE 673 020.


             SRI. S. MANU, ASGI.
             SRI. BIMAL K. NATH, SR.GOVT.PLEADER
             SRI. B.G. BIDAN CHANDRAN, SC.

      THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   06.07.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.22032/2022               4




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.22032 of 2022
               --------------------------------------------
                  Dated this the 6th day of July, 2022

                             JUDGMENT

Admit. ASGI takes notice for respondents 1 and 4. Standing

Counsel takes notice for respondents 2, 3 and 5. Government

Pleader takes notice for respondents 6 to 8.

2. The petitioners are residents of Kozhikode District.

They have properties abutting NH-66, comprising of land and

residential buildings, which were acquired for widening of National

Highway 66. Ext.P1 series are the awards passed. According to

the petitioners, the properties and the structures were valued as

per the detailed valuation method, instead of adopting plinth area

method. The further grievance is that t he respondents ought not to

have deducted 6% towards salvage. The petitioners have therefore

preferred Ext.P6 series arbitration applications under Section 3G(5)

of the National Highways Act, 1956 before the 8 th respondent and

the same are pending.

3. The petitioners have approached this Court seeking a

direction to the 7th respondent to pass a supplemental award

rectifying Ext.P1 series awards by ordering that no value need be

deducted towards salvage from the value of structure and to effect

a complete valuation as per plinth area valuation method and for

other consequential reliefs.

4. Going by the provisions contained in the National

Highways Act, once the award is passed, the matter has to be

taken up before the Arbitrator for appropriate relief. Section 3G(7)

gives ample power to the Arbitrator to consider the appropriate

value to be fixed as compensation. Once the matter comes before

the Arbitrator, the Arbitrator is also having the powers available

under Section 17 the Arbitration and Conciliation Act, 1996 (1996

Act for short) which permits issuance of interlocutory orders. It is

submitted that the structures have already been demolished and

unless there is an interim direction for carrying out valuation in the

plinth area method the petitioners will be seriously prejudiced. The

respondents have a case that the method to be adopted is not the

plinth area method. These are all aspects which are to be taken

up before the Arbitrator. In such circumstances, I deem it

appropriate to relegate the petitioners to their remedy before the

Arbitrator.

5. The petitioners are directed to prefer appropriate

interlocutory applications before the 8th respondent in Ext.P6 series

proceedings under Section 17 of the 1996 Act, seeking reliefs of

valuation of the buildings and that of the land. The application

shall be filed within ten days. On receipt of the application, the

Arbitrator shall consider the interlocutory applications and pass

orders regarding the inspection and valuation of the land and the

building within one week thereafter and proceed to finalise the

application regarding the amounts to be allowed as compensation.

The entire arbitration proceedings shall be completed at the

earliest, at any rate, within eight months from the date of receipt

of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

T.R. RAVI JUDGE

dsn

APPENDIX OF WP(C) 22032/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 3G AWARD LAC NO.77(CHRD) (RAY) DATED 08.04.2021 ISSUED IN THE NAME OF 1ST PETITIONER'S DAUGHTER.

Exhibit P1A TRUE COPY OF THE 3G AWARD 62 (IV)(NDK) DT.24.12.2020 ISSUED TO 2ND PETITIONER. EXHIBIT P1(B) TRUE COPY OF THE 3G AWARD LAC NO.27(11) (CHOMB) DATED 29.04.2021 ISSUED TO 3RD PETITIONER.

Exhibit P1C TRUE COPY OF THE 3G AWARD LAC NO.222 (VIII) DATED 18.10.2019 ISSUED TO 4TH PETITIONER. Exhibit P1D TRUE COPY OF THE 3G AWARD LAC NO.243(II) (ONC) (URL) DATED 27.06.2021 ISSUED TO 5TH PETITIONER.

Exhibit P1E TRUE COPY OF THE 3G AWARD LAC NO.173 (II) (ONC) (URL) DATED 01.06.2021 ISSUED TO 6TH PETITIONER.

Exhibit P1F TRUE COPY OF THE 3G AWARD LAC NO.506/20(3D1) DATED 03.12.2021 ISSUED TO SREEDHARAN. Exhibit P1G TRUE COPY OF THE RELEVANT EXTRACT OF 3G AWARD LAC NO.25 VK (ONC) DATED 30.09.2021 ISSUED TO 8TH PETITIONER.

Exhibit P1H COPY OF THE 3G AWARD LAC NO.13 (CHRD) (MUTGL) AND LAC NO.13 (II) (CHRD) (MUTGL) DATED 04.06.2021 ISSUED TO 9TH PETITIONER AND OTHERS.

Exhibit P1 I TRUE COPY OF THE 3G AWARD LAC NO.507/20(3D1) DATED 30.09.2021 ISSUED TO 10TH PETITIONER. Exhibit P1J TRUE COPY OF THE 3G AWARD LAC NO.53 A(IV) (NDK) DATED 6.11.2020 ISSUED TO 11TH PETITIONER.

Exhibit P2 TRUE COPY OF RELEVANT EXTRACT OF VALUATION REPORT OF 1ST PETITIONER'S BUILDING. Exhibit P2A COPY OF RELEVANT EXTRACT OF VALUATION REPORT OF 2ND PETITIONER'S BUILDING.

Exhibit P2B COPY OF VALUATION REPORT OF 3RD PETITIONER'S BUILDING.

Exhibit P2C COPY OF VALUATION REPORT OF 4TH PETITIONER'S

BUILDING.

Exhibit P2D COPY OF VALUATION REPORT OF 5TH PETITIONER'S BUILDING.

Exhibit P2E COPY OF VALUATION REPORT OF 6TH PETITIONER'S BUILDING.

Exhibit P2F COPY OF VALUATION REPORT OF 7TH PETITIONER'S BUILDING.

Exhibit P2G COPY OF VALUATION REPORT OF 8TH PETITIONER'S BUILDING.

Exhibit P2H COPY OF VALUATION REPORT OF 9TH PETITIONER'S BUILDING.

Exhibit P2I TRUE COPY OF VALUATION REPORT OF 10TH PETITIONER'S BUILDING.

Exhibit P2J TRUE COPY OF VALUATION REPORT OF 11TH PETITIONER'S BUILDING.

Exhibit P3 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) 23142 OF 2021 DATED 30.11.2021. Exhibit P3A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) 27967 OF 2021 DATED 16.12.2021. Exhibit P4 TRUE COPY OF JUDGMENT IN WP(C) NO.13131 OF 2021 DATED 09.09.2021.

Exhibit P4A TRUE COPY OF JUDGMENT IN WP(C) 990 OF 2022 DATED 12.01.2022.

Exhibit P5 TRUE COPY OF THE NOTIFICATION DATED 28.08.2015.

Exhibit P6 TRUE COPY OF RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.77(CHRD) (RAY) SUBMITTED BY 1ST PETITIONER.

Exhibit P6A COPY OF RELEVANT EXTRACTS OF ARBITRATION REQUESTS IN LAC NO.62 (V)(NDK) AND LAC NO.62 (IV)(NDK) SUBMITTED BY 2ND PETITIONER. Exhibit P6B COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.27(II) (CHOMB) SUBMITTED BY 3RD PETITIONER.

Exhibit P6C COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.222(VIII) SUBMITTED BY 4TH PETITIONER.

Exhibit P6D COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.106 (ONC) (URL) SUBMITTED

BY 5TH PETITIONER.

Exhibit P6E COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO. 173 11 (ONE) (URL) SUBMITTED BY 6TH PETITIONER.

Exhibit P6F COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.506/20(3D1)) SUBMITTED BY 7TH PETITIONER.

Exhibit P6G COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.25 VK (ONC) SUBMITTED BY 8TH PETITIONER.

Exhibit P6H COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUESTS IN LAC NO.13(CHRD)/(MTGL) AND LAC NO.13(11) (CHRD)/(MTGL) SUBMITTED BY 9TH PETITIONER.

Exhibit P6 I COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.507/20(3D1) SUBMITTED BY 10TH PETITIONER.

Exhibit P6J COPY OF THE RELEVANT EXTRACT OF ARBITRATION REQUEST IN LAC NO.53A(IV)(NDK) SUBMITTED BY 11TH PETITIONER.