Abdhurahiman Veeroli vs The District Collector
2022 Latest Caselaw 6827 Ker

Citation : 2022 Latest Caselaw 6827 Ker
Judgement Date : 14 June, 2022

Kerala High Court

Abdhurahiman Veeroli vs The District Collector on 14 June, 2022

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                     WP(C) NO. 19127 OF 2022
PETITIONER:

            ABDHURAHIMAN VEEROLI
            AGED 77 YEARS
            S/O MAMMOO VEEROLI NOOR MAHAL HOUSE, CHOONDI KOTTA
            ROAD P.O. MAHE, PIN: 673310
            BY ADVS.
            SRI T.KABIL CHANDRAN
            SRI KRISHOB K.NAIR


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            KOZHIKODE COLLECTORATE, KOZHIKODE, PIN - 673020
    2       SPECIAL DEPUTY COLLECTOR,
            LAND ACQUISITION (NHAI), CIVIL STATION, KOZHIKODE,
            PIN -673020
    3       SPECIAL TAHSILDAR
            LAND ACQUISITION (NHAI), MINI CIVIL STATION,
            VADAKARA P.O., KOZHIKODE, PIN - 673101
    4       THE PROJECT DIRECTOR,
            NATIONAL HIGHWAY AUTHORITY OF INDIA. PROJECT
            IMPLEMENTATION UNIT KOZHIKODE. LOTUS HOUSE 34/1487
            A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAPARAMBA
            P.O., KOZHIKODE, PIN - 67 3009
            SMT. C.S. SHEEJA, SR.GOVT.PLEADER
            SRI. B.G. BIDAN CHANDRAN, SC (NHAI).

     THIS     WRIT   PETITION    (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C)No.19127/2022
                                    2




                              T.R. RAVI, J.
               --------------------------------------------
                       W.P.(C)No.19127 Of 2022
                --------------------------------------------
                 Dated this the 14th day of June, 2022

                              JUDGMENT

Admit. Government Pleader takes notice for respondents 1

to 3. Standing Counsel takes notice for the 4th respondent.

2. The petitioner's property along with a two storeyed

building was acquired for widening of National Highway 66. It is

submitted that the 2nd respondent has already passed an award,

which is produced as Ext.P1. According to the petitioner, the

property and the structures were valued as per the detailed

valuation method, instead of adopting plinth area method. The

petitioner has therefore submitted Ext.P4 representation before

the 2nd respondent requesting to value his property and structures

on the basis of the plinth area method.

3. The petitioner has approached this Court seeking a

declaration that the property and the structures belonging to him

are to be measured and valued as per the Plinth Area Method

instead of valuing it as per Detailed Valuation Method and for other

consequential reliefs.

4. Going by the provisions contained in the National W.P.(C)No.19127/2022

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 1st respondent under Section 3G of the

National Highways Act. The petitioner shall also prefer

interlocutory applications before the 1st respondent under Section

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 W.P.(C)No.19127/2022

for a period of one month to facilitate the valuation. 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.19127/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NHAI) DATED 21/3/2022 .

Exhibit P1 A A TRUE COPY OF THE VALUATION REPORT CONDUCTED UNDER DETAILED VALUATION REPORT.

Exhibit P2 A TRUE COPY OF THE D.O. LETTER NO. PWD-

H3/09/2021PWD DATED 08.01.2021 ISSUED BY THE PUBLIC WORKS DEPARTMENT Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.

12598 OF 2021 AND WP(C) NO. 13131 OF 2021 DATED 09.09.2021 Exhibit P4 A TRUE COPY OF REPRESENTATION DATED 11.04.2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4(A) (A): A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE REPRESENTATION