Karunan T.K vs The District Collector
2022 Latest Caselaw 6904 Ker

            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. 19140 OF 2022
PETITIONER:

            KARUNAN T.K,
            AGED 58 YEARS
            S/O. KANNAN, SARASWATHY NILAYAM(H),
            NADAPURAM ROAD, MADAPPALLY COLLEGE P.O,
            KOZHIKODE DISTRICT. PIN-673 102.
            BY ADV SRI K.B.ARUNKUMAR
            MS.POOJA K.S.


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O,
            ERANHIPPALAM, KOZHIKODE DISTRICT. PIN- 673 020.
    2       THE SPECIAL DEPUTY COLLECTOR,
            LAND ACQUISITION (NH), COLLECTORATE,
            WAYANAD ROAD, CIVIL STATION P.O,
            ERANHIPPALAM, KOZHIKODE DISTRICT.
            PIN- 673 020.
    3       SPECIAL TAHSILDAR LA(NH),
            VATAKARA,
            VATAKARA MINI CIVIL STATION, COURT ROAD,
            VATAKARA P.O, KOZHIKODE DISTRICT. PIN- 673 101.
    4       PROJECT DIRECTOR,
            NATIONAL HIGHWAYS AUTHORITY OF INDIA,
            PROJECT IMPLEMENTATION UNIT,
            KOZHIKODE, LOTUS (H), 34/1487A,
            PROVIDENCE WOMENS COLLEGE ROAD, MALAMPARAMBA P.O,
            KOZHIKODE DISTRICT. PIN- 673 009.
            SRI. JIBU T.S,GOVT.PLEADER
            SRI. BIDAN CHANDRAN B.G, 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.19140/2022
                                       2




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C)No.19140 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 building was acquired

for widening of National Highway 66. The 2nd respondent has already

passed an award as LAC No.37 VK(Onc), which is produced as Ext.P1.

The method adopted by the 2nd respondent for valuation in respect of

the construction in the acquired land is in deviation from the method

adopted for similarly situated persons in the vicinity of NH 66. The

petitioner has therefore preferred an arbitration application under

Section 3G(5) of the National Highways Act, 1956 before the 1 st

respondent on 15.12.2021 and the same is stated to be pending.

3. The petitioner has approached this Court seeking a

direction to the 1st respondent to pass an award or supplementary

award in the arbitration application filed by him by applying plinth

area method for valuation of structure/construction of the petitioner

in the land subject to acquisition.

4. Going by the provisions contained in the National W.P.(C)No.19140/2022

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 before the Arbitrator.

5. The petitioner is directed to prefer an appropriate

application under Section 17 of the 1996 Act before the 1 st

respondent, seeking relief of valuation of the building. 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 valuation of 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

four months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE dsn W.P.(C)No.19140/2022

APPENDIX OF WP(C) 19140/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS IN LAC NO. 37 VK (ONC) OF THE 2ND RESPONDENT DATED 02.06.2021.

Exhibit P2 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO. 13131/2021 Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 01.12.2021 IN WP (C) NO. 24412/2021 Exhibit P4 THE TRUE COPY OF THE VALUATION CERTIFICATE DATED 16.10.2021.

Exhibit P5 THE TRUE COPY OF VALUATION REPORT OBTAINED UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT.