Kerala High Court
Mohammed Ashraf vs Union Of India on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 18257 OF 2022
PETITIONER:
MOHAMMED ASHRAF
AGED 60 YEARS
S/O.MOHAMMED, KALLIPARAMBIL HOUSE,
VADANAPPALLY, VATTANAPALLY P.O.,
CHAVAKKAD, THRISSUR-680 614.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
BIJU P.PAUL
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 86/1036-1,
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 - KOCHI,
VII/511 B, NEITHELI -MAVELIPURAM ROAD,
MAVELIPURAM, KAKKANAD, KERALA 682 030
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 110 001.
5 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE)
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI 110 075.
WP(C) NO. 18257 OF 2022
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6 STATE OF KERALA,
REP. BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR,
THRISSUR, LAND ACQUISITION (NH17),
KODUNGALLUR, CIVIL STATION,
CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, KERALA 680 003
8 DISTRICT COLLECTOR,
THRISSUR FIRST FLOOR,
CIVIL STATION, CIVIL LINES RD,
KALYAN NAGAR, AYYANTHOLE,
THRISSUR, KERALA 680 003
SMT. C. SHEEJA, SR. GP,
SRI. MATHEWS K. PHILIP, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18257 OF 2022
3
T.R.RAVI, J.
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WP(C) No.18257 OF 2022
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Dated this the 24th day of June, 2022
JUDGMENT
Admit.
2. Sri.Mathews K Philip, takes notice for respondents 2, 3
and 5. Government Pleader takes notice for respondents 6 to
8. ASGI takes notice for respondents 1 and 4.
3. The petitioner is aggrieved by Ext.P1 award on four
grounds. His contention is that he has purchased properties
with a way in between which leads to the property. The way is
of an extent of 0.0198 hectors. His grievance is that his right
over the way has not been considered while granting the
compensation even though an amount of Rs.61,96,953/- has
been found as the amount of compensation payable for the
way. The second grievance is that the way has been
categorized under category 1 while his properties abutting the
way have been categorized under category 4 which again is a
mistake. The third contention is that there is a deduction of 6%
towards salvage which according to the petitioner has been
WP(C) NO. 18257 OF 2022
wrongly deducted since he is not taking away any salvage. The
fourth contention is that under Section 30(3) of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, an additional land
value is payable at the rate of 12% till the date of taking
possession or the award which ever is earlier. It is pointed out
that the date of the award is 20.05.2022 and the land is still
not taken possession of. However, Ext.P1 award would show
that 12% has been calculated from 19.03.2020 to 30.06.2021.
According to the petitioner, he is entitled to 12% additional
value for a period of 11 months more going by the date of
award. The contention of the NHAI is that 12% has been
awarded from 19.03.2020 till the date of proceedings of the
Special Deputy Collector, (LA)NH, Kodugallor C5-876/2018
dated 30.06.2021 which is the relevant date. The petitioner
has preferred Ext.P7 before the 8th respondent. The above
issues are all factors which can be considered by the 8 th
respondent in the pending arbitration proceedings and it is not
necessary for this Court to go into the merits of the
contentions in this writ petition.
WP(C) NO. 18257 OF 2022
4. The writ petition is hence disposed of directing the 8 th
respondent to consider and pass orders on Ext.P7 after taking
into consideration the contentions of the petitioner which have
been narrated above and such other contentions which may be
submitted by the petitioner. The decision shall be taken after
hearing the petitioner as well as the National Highway
authorities. Necessary orders shall be issued within six months
from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 18257 OF 2022
APPENDIX OF WP(C) 18257/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE 3G AWARD NO.2/2021 -
C4/VAD/010098/2021 DATED 20.05.2022.
Exhibit P2 TRUE COPY OF THE DOCUMENT NO.2392/2006 DATED
22.11.2006 OF VADANAPPILLY SRO.
Exhibit P3 TRUE COPY OF THE DOCUMENT NO.4/2015 DATED
28.10.2015 OF VADANAPPILLY SRO.
Exhibit P4 TRUE COPY OF THE AGREEMENT FOR SALE DATED
01.01.2022.
Exhibit P5 TRUE COPY OF THE EXTRACT OF THE REGISTER IN
DETAILED VALUATION STATEMENT OF LANDS UNDER
ACQUISITION IN VADANAPPILLY VILLAGE.
Exhibit P6 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE 7TH RESPONDENT ON
23.05.2022 ALONG WITH ITS ACKNOWLEDGEMENT.
Exhibit P7 TRUE COPY OF THE ARBITRATION REQUEST
SUBMITTED BY THE PETITIONER BEFORE THE 8TH
RESPONDENT ON 23.05.2022 ALONG WITH ITS
ACKNOWLEDGEMENT.
Exhibit P8 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE 7TH RESPONDENT DATED
23.05.2022.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.23142
OF 2021 DATED 30.11.2021.
Exhibit P9A TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.27967
OF 2021 DATED 16.12.2021
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.3562
OF 2021 DATED 24.09.2021.
Exhibit P11 TRUE COPY OF THE GOVERNMENT NOTIFICATION
DATED 28.08.2015.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
