T.M.Muraleedharan Nair vs National Highway Authority Of ...
2022 Latest Caselaw 8857 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      WP(C) NO. 22150 OF 2022
PETITIONER:

            T.M.MURALEEDHARAN NAIR,
            AGED 62 YEARS,
            S/O. MADAVAPANIKKAR, THAIVEETTILVELIYIL,
            PATTANAKKAD, ALAPPUZHA 688 531.
            BY ADVS.
            SRI S.KRISHNAMOORTHY
            MS.SNEHA ROSE
            MS.P.S.ARUNA


RESPONDENTS:

    1       NATIONAL HIGHWAY AUTHORITY OF INDIA,
            REP. BY DY. GENERAL MANAGER CUM PROJECT DIRECTOR,
            NO.36/414 (III), NEAR NSS HIGHER SECONDARY SCHOOL,
            PALKULANGARA, TRIVANDRUM 695 024.
    2       THE DISTRICT COLLECTOR,
            COLLECTORATE, ALAPPUZHA 688 001.
    3       DEPUTY COLLECTOR (SPL),
            LA (NH), COMPETENT AUTHORITY,
            COLLECTORATE, ALAPPUZHA 688 001.
    4       SPECIAL TAHASILDAR,
            O/O. SPECIAL TAHASILDAR, LANH,
            CHERTHALA 688 524.
    5       VILLAGE OFFICER,
            PATTANAKKAD VILLAGE,
            CHERTHALA, ALAPPUZHA 688 531.
            SRI. BIMAL K. NATH, SR.GOVT.PLEADER
            SRI. B.G. BIDAN CHANDRAN, SC.

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   07.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.22150/2022
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.22150 of 2022
               --------------------------------------------
                  Dated this the 7th day of July, 2022

                             JUDGMENT

Admit. Standing Counsel takes notice for the 1 st respondent.

Government Pleader takes notice for respondents 2 to 5.

2. The petitioner's properties having an extent of 0.0016

Hectors (0.395 cents) in Sy.No.25/1 and 0.0076 Hectors (1.90

cents) in Sy.No.25/2 of Pattanakkad Village, were acquired for

widening of National Highway 66. In the property in Sy.No.25/1

the petitioner is conducting a tyre repairing shop and in the

property in Sy.No.25/2, the petitioner is running a restaurant/hotel

business. According to the petitioner, by virtue of the acquisition,

the shop building in Sy.No.25/1 is completely acquired and the

shop building in Sy.No.25/2 is partially acquired causing damage to

the remaining building. Though the petitioner requested the

authorities to acquire the entire building, the respondents are not

agreeable. It is stated that alignment for acquisition is such that

the building will be divided into two portions. It is also submitted

that the damage to the remaining portion of the building has not

been assessed at all. Exts.P5 and P6 are the awards passed by the W.P.(C)No.22150/2022

3rd respondent.

3. The petitioner has approached this Court seeking a

direction to the respondents to conduct an inspection to determine

the structural value of the entire buildings/structures in Sy.No.25/1

and 25/2 of Pattanakkad Village before its demolition and award

compensation for the entire building 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 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 of the Arbitration and Conciliation Act, 1996 (1996 Act

for short) which permits issuance of interlocutory orders. In such

circumstances, I deem it appropriate to relegate the petitioner to

his remedy before the Arbitrator.

5. The petitioner is directed to prefer an appropriate

application before the 2nd respondent under Section 3G of the

National Highways Act, 1956. The petitioner shall also prefer

interlocutory applications before the 2nd respondent under Section W.P.(C)No.22150/2022

17 of the 1996 Act, seeking reliefs of valuation of the building 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. There will be a direction

that demolition of the building/structures shall be kept in abeyance

for a period of one month to facilitate the valuation, if they are not

already demolished. 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.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No.22150/2022

APPENDIX OF WP(C) 22150/2022

PETITIONER EXHIBITS Exhibit P1 ORIGINAL PHOTOGRAPHS OF THE PROPERTY IN SY.

NO. 25/1 IN PATTANAKKAD VILLAGE.

Exhibit P2 ORIGINAL PHOTOGRAPHS OF THE HOTEL/RESTAURANT IN SY. NO. 25/2 OF PATTANAKKAD VILLAGE.

Exhibit P3 TRUE COPY OF THE MAHAZAR DATED 4.12.2021 ISSUED IN THIS RESPECT IN SY. NO. 25/1 OF PATTANAKKAD VILLAGE.

Exhibit P4 TRUE COPY OF THE EVICTION MAHZAR OF THE PROPERTY AND BUILDING IN SY. NO. 25/2 DATED 25.11.2021.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS IN LAC NO.

338/2019/PATTANAKKAD/S.O. 796 (E) A2-

1579/2022 DATED 29.04.2022.

Exhibit P6 TRUE COPY OF THE PROCEEDINGS NO. LAC NO.

344/2019/PATTANAKKAD/S.O 796 (E) A2-1040/2022 DATED 16.3.2022.

Exhibit P7 TRUE COPY OF THE SKETCH IN RESPECT TO SY. NO.

25/1 & SY. NO. 2 OF THE PATTANAKKAD VILLAGE, PREPARED BY MR. SANU A.G, A RETIRED SURVEYOR.