Kamarudheen P.P vs Union Of India
2022 Latest Caselaw 7040 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                       WP(C) NO. 19630 OF 2022
PETITIONER:

            KAMARUDHEEN P.P
            AGED 64 YEARS, S/O. MOHAMMEDUNNI,
            PANIKKAVEETTIL PADINJARAYIL HOUSE,
            ORUMANYOOR P.O.,
            THRISSUR DISTRICT, PIN - 680512

            BY ADV P.RAMACHANDRAN



RESPONDENTS:

    1       UNION OF INDIA
            REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT,
            NEW DELHI, PIN - 110001

    2       THE DISTRICT COLLECTOR
            (ARBITRATOR UNDER NATIONAL HIGHWAYS ACT)
            COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003

    3       THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR
            LAND ACQUISITION (N.H), KODUNGALLUR,
            THRISSUR DISTRICT, PIN - 680644

    4       THE SPECIAL DEPUTY TAHSILDAR (LA)
            N.H - 17 (NEW N.H.66), KODUNGALLUR,
            THRISSUR DISTRICT, PIN - 680664

    5       NATIONAL HIGHWAY AUTHORITY OF INDIA
            REPRESENTED BY ITS CHAIRMAN, SECTOR -20,
            DWARAKA, NEW DELHI, PIN - 110075

            SRI. S. MANU, ASGI.
            SRI. BIMAL K. NATH, SR. GOVT. PLEADER.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19630 OF 2022
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 19630 of 2022
               --------------------------------------------
                Dated this the 17th day of June, 2022

                             JUDGMENT

Admit. ASGI takes notice for the 1 st respondent. Government

Pleader takes notice for respondents 2 to 4. Standing counsel takes

notice for the 5th respondent.

2. The petitioner has filed Ext.P9 application before the 2 nd

respondent under Section 3G(5) of the National Highways Act 1956

for re-determination of the compensation awarded. Petitioner's

grievance is that there is a mistake in the categorization of the land

while computing the compensation. The application has been filed

on 18.04.2022. The petitioner seeks early disposal of the same.

3. In similar writ petitions, this Court has been directing the

Arbitrator to consider and pass orders on the applications within a

period of 8 months. The petitioner says that the dispute is in a

narrow compass and even the authorities do not have any serious

dispute regarding the categorisation, and prays that a lesser time

may be prescribed.

The writ petition is hence disposed of directing the 2 nd WP(C) NO. 19630 OF 2022

respondent to hear and dispose of Ext.P9 at the earliest. The

petitioner may move an application for early disposal before the 2 nd

respondent and the 2nd respondent shall hear the said application

within two weeks from the date of filing of the same. The petitioner

shall be given an opportunity of hearing by the 2nd respondent

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 19630 OF 2022

APPENDIX OF WP(C) 19630/2022

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY P.P. KASSIM IN FAVOUR OF THE PETITIONER

Exhibit-P2 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 29.11.2021 EXECUTED BY P.P. KABEER IN FAVOUR OF THE PETITIONER

Exhibit -P3 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY RAZIYA MOHAMMED HANEEFA IN FAVOUR OF THE PETITIONER

Exhibit -P4 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 12.01.2022 EXECUTED BY SUBAIDA SULAIMU IN FAVOUR OF THE PETITIONER

Exhibit-P5 TRUE COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE DATED 23.11.2020 IN RESPECT OF 0.0405 HECTARES OF LAND IN RE.SY.NO.211/2010 OF ORUMANAYOOR VILLAGE ISSUED BY THE VILLAGE OFFICER, ORUMANAYOOR

Exhibit -P6 TRUE COPY OF THE FORM OF B.T. EXTRACT IN RESPECT OF 26 CENTS OF PROPERTY IN SY.NO.211 AND SUB DIVISION NO.10 ISSUED BY THE VILLAGE OFFICER, ORUMANAYOOR

Exhibit-P7 TRUE COPY OF THE AWARD DATED 28.02.2022 BEARING NO.3/2021-LA2/ORU/010831/2021 IN THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION (N.H 66), KODUNGALLUR

Exhibit-P8 TRUE COPY OF THE AWARD DATED 14.03.2022 BEARING NO.2/2021-LA2/ORU/012880/2022 IN THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION (N.H 66), KODUNGALLUR WP(C) NO. 19630 OF 2022

Exhibit -P9 TRUE COPY OF THE APPLICATION DATED 11.04.2022 UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE ACKNOWLEDGMENT RECEIPT