Antony vs National Highways Authority Of ...
2022 Latest Caselaw 7505 Ker

               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. 18313 OF 2022
PETITIONER:

           ANTONY
           AGED 53 YEARS
           S/O URUMEES, VIRUVELIL, CHERTHALA, ALAPPUZHA - 688524.

           BY ADVS.
           S.KRISHNAMOORTHY
           SNEHA ROSE
           ARUNA SADASIVAN


RESPONDENTS:

    1      NATIONAL HIGHWAYS 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-688001.

    3      DEPUTY COLLECTOR(SPL)
           LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
           ALAPPUZHA - 688001.

    4      SPECIAL TAHASILDAR
           O/O SPECIAL TAHASILDAR LANH, CHERTHALA-688524.

    5      VILLAGE OFFICER
           CHERTHALA NORTH VILLAGE, CHERTHALA, ALAPPUZHA-688552.

           SMT. C. S. SHEEJA- SR.GP
           SRI. B.G. BIDAN CHANDRAN- 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. 18313 OF 2022

                                      2

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C)No.18313 of 2022
                   --------------------------------------------
               Dated this the 24th day of June, 2022

                                 JUDGMENT

Admit. Government Pleader takes notice for respondents

2 to 5. Standing Counsel takes notice for the 1st respondent.

2. The writ petition is filed challenging Ext.P1 award

passed by the 3rd respondent. The grievance of the petitioner

is that his land has been valued as a wet land, even though it

is a dry land. It is also contended that the structural value has

not been properly assessed. The petitioner has preferred

Ext.P2 appeal before the 2nd respondent and the same is said

to be pending. The petitioner is entitled to prefer application

before the 2nd respondent under Section 17 of the Arbitration

and Conciliation Act, 1996 ('the Act' for short) for

interlocutory reliefs.

3. The Government Pleader on instructions submit that

the value has been fixed treating the land as reclaimed land.

The writ petition is hence disposed of, directing the WP(C) NO. 18313 OF 2022

petitioner to approach the 2nd respondent by filing an

appropriate application under Section 17 of the Act seeking

valuation of the structures as well as the land treating it as a

dry land. The application shall be filed within ten days from

today. The 2nd respondent shall consider the same and pass

orders within a period of ten days from the receipt of the

application. The arbitration proceedings shall be completed

within eight months from the date of receipt of a copy of this

judgment. The petitioner shall not be dispossessed from the

property till such time the valuation is completed on the basis

of an application to be submitted by him under Section 17 of

the Act.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 18313 OF 2022

APPENDIX OF WP(C) 18313/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 20.2.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPEAL FILED UNDER SECTION 3(G)(5) BY THE PETITIONER, BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN CHERTHALA, DATED NIL.

Exhibit P4 TRUE COPY OF THE BUILDING PLAN APPROVED BY THE CHERTHALA MUNICIPALITY DATED 24.4.1987.

Exhibit P5 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 21.2.2021 WITH THE CHERTHALA MUNICIPALITY.

Exhibit P6 ORIGINAL COPY OF THE PHOTOS OF THE PROPERTY IN SY. NO. 199/13 OF CHERTHALA NORTH VILLAGE.

Exhibit P7 TRUE COPY OF THE EVICTION MAHZAR DATED 11.11.2021 PREPARED BY THE 5TH RESPONDENT VILLAGE OFFICER.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO 3562/2021 DATED 24.9.2021 OF THIS HON'BLE COURT.