Chandran T vs Union Of India
2022 Latest Caselaw 7674 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 20655 OF 2022


PETITIONERS:

    1       CHANDRAN T.
            AGED 59 YEARS, S/O.KANNAN,
            J.K.NILAYAM, PUTHUPPANAM P.O.,
            MANIYUR, MANDARATHUR, KOZHIKODE-673105.

    2       GOPALAN K.
            AGED 70 YEARS, S/O.POKKAN,
            KAKKAT, KATTUPARAMBIL,
            K.T.BAZAR, CHORODE,
            RAYARANGOTH, KOZHIKODE-673102.

    3       SEETHA
            AGED 61 YEARS, W/O.MANI,
            KADUNILAMKUNIYIL, K.T.BAZAR,
            CHORODE, RAYARANGOTH, KOZHIKODE-673102.

    4       KUNHIRAMAN P.K.
            AGED 80 YEARS, S/O.KANNAN,
            S.K.NIVAS, K.T.BAZAR, CHORODE P.O.,
            KOZHIKODE, KERALA-673102.

    5       REMLA P.K.
            AGED 60 YEARS, W/O.ALI,
            KAVALULLAPARAMBIL HOUSE, MADAPPALLY,
            ONCHIAM, MADAPPALLY COLLEGE P.O.,
            KOZHIKODE-673102.

    6       DEVI
            AGED 58 YEARS, W/O.SREEDHARAN,
            GURUNILAYAM, ERAYINTEVIDA,
            MUTTUNGAL WEST P.O., VATAKARA-673102.

    7       PRAVEEN KUMAR
            AGED 30 YEARS, S/O.SREEDHARAN,
            GURUNILAYAM, ERAYINTEVIDA,
            MUTTUNGAL WEST P.O.,
            VATAKARA-673102.
 WP(C) NO. 20655 OF 2022
                              2



    8     V.R.VIKAS
          AGED 56 YEARS, S/O.DHARMADATHAN VAIDYAR,
          VIKAS VILLA, K.T.BAZAR,
          RAYARANGOTH P.O., VADAKARA,
          CHORODE, KOZHIKODE-673102.

    9     KUNHIKANNAN M.K.
          AGED 77 YEARS, S/O.KANARAN,
          PADINJARETHIRUMANGALATH, KAINATTY,
          CHORODE, KOZHIKODE-673106.

    10    RAZIYA C.
          AGED 54 YEARS, W/O.MUHAMED ASHRAF,
          KALATHIL HOUSE, AYANIKKAD P.O.,
          IRINGAL, KOZHIKODE-673521.

          BY ADVS.
          SRI P.SATHISAN
          MS.DONA AUGUSTINE



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 - KOZHIKODE,
          HOUSE NO.2/2175-B, KRISHNAKRIPA,
          AISWARYA ROAD,
          CIVIL STATION P.O.,
          KOZHIKODE 673020.
 WP(C) NO. 20655 OF 2022
                                  3



     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.

     6       STATE OF KERALA
             REP. BY ITS SECRETARY,
             PUBLIC WORKS DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM P.O., PIN - 695 001.

     7       SPECIAL DEPUTY COLLECTOR
             LAND ACQUISITION (NH17),
             KOZHIKODE, COLLECTORATE,
             WAYANAD RD., CIVIL STATION,
             ERANHIPPALAM P.O., KOZHIKODE 673 020.

     8       DISTRICT COLLECTOR
             KOZHIKODE, COLLECTORATE,
             WAYANAD RD., CIVIL STATION,
             ERANHIPPALAM P.O., KOZHIKODE - 673 020.

             BY ADVS

             SMT. C.S. SHEEJA, SR.GOVT. PLEADER,
             SRI. S. MANU, ASGI,
             SRI. B.G. BIDAN CHANDRAN, SC.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20655 OF 2022
                                   4




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C).No.20655 of 2022
               --------------------------------------------
                Dated this the 28th day of June, 2022

                             JUDGMENT

Admit. ASGI takes notice for respondents 1 and 4. Standing

Counsel takes notice for respondents 2, 3 and 5. Government

Pleader takes notice for respondents 6 to 8.

2. The petitioners are residents of Kozhikode District. They

have properties abutting NH-66, which comprise of land and

residential buildings, which were acquired for widening of National

Highway 66. Ext.P1 series are the awards passed. According to

the petitioners, the properties and the structures were valued as

per the detailed valuation method, instead of adopting plinth area

method. The further grievance is that the respondents ought not to

have deducted 6% towards salvage. The petitioners have therefore

preferred Ext.P6 series arbitration applications under Section 3G(5)

of the National Highways Act, 1956 before the 8 th respondent and

the same are pending.

3. The petitioners have approached this Court seeking a

direction to the 7th respondent to pass a supplemental award WP(C) NO. 20655 OF 2022

rectifying Ext.P1 series awards by ordering that no value need be

deducted towards salvage from the value of structure and to effect

a complete valuation as per plinth area valuation method and for

other consequential reliefs.

4. Going by the provisions contained in the National

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 the 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 the Arbitration and Conciliation Act, 1996 (1996

Act for short) which permits issuance of interlocutory orders. It is

submitted that the structures have already been demolished and

unless there is an interim direction for carrying out valuation in the

plinth area method the petitioners will be seriously prejudiced. The

respondents have a case that the method to be adopted is not the

plinth area method. These are all aspects which are to be taken up

before the Arbitrator. In such circumstances, I deem it appropriate

to relegate the petitioners to their remedy before the Arbitrator.

5. The petitioners are directed to prefer appropriate

interlocutory applications before the 8th respondent in Ext.P6 series WP(C) NO. 20655 OF 2022

proceedings under Section 17 of the 1996 Act, seeking reliefs of

valuation of the buildings 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.

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.

The writ petition is disposed of as above.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 20655 OF 2022

APPENDIX OF WP(C) 20655/2022

PETITIONERS' EXHIBITS

Exhibit P1 COPY OF THE 3G AWARD LAC NO.162 (VI)(NDK) DATED 18.11.2020 ISSUED TO 1ST PETITIONER.

Exhibit P1(A) COPY OF THE 3G AWARD LAC NO.81(11)(CHRD)/ (RAY) DATED 27.03.2021 ISSUED TO 2ND PETITIONER.

Exhibit P1(B) COPY OF THE 3G AWARD LAC NO.73A (CHRD) (RAY) DATED 15.03.2021 ISSUED TO 3RD PETITIONER

Exhibit P1(C) COPY OF THE 3G AWARD LAC NO.74(CHRD) (RAY) DATED 17.03.2021 ISSUED TO 4TH PETITIONER.

Exhibit P1(D) COPY OF THE 3G AWARD LAC NO.63 (ONC) (URL) DATED 12.07.2021 ISSUED TO 5TH PETITIONER .

Exhibit P1(E) COPY OF THE 3G AWARD LAC NO.195(II) (ONC) (URL) DATED 12.07.2021 ISSUED TO 5TH PETITIONER.

Exhibit P1(F) COPY OF THE 3G AWARD LAC NO.10(CHRD) (RAY) DATED 11.06.2021 ISSUED TO 6TH & 7TH PETITIONERS.

Exhibit P1(G) COPY OF THE 3G AWARD LAC NO.71 CHRD (RAY) DATED 27.05.2021 ISSUED TO 8TH PETITIONER.

Exhibit P1(H) COPY OF THE 3G AWARD LAC NO.4(11)(CHRD) (MTGL) DATED 19.03.2021 ISSUED TO 9TH PETITIONER.

Exhibit P1(I) COPY OF THE 3G AWARD LAC NO.442/17 DATED 03.02.2021 ISSUED TO 10TH PETITIONER.

Exhibit P2 TRUE COPY OF VALUATION REPORT OF 1ST WP(C) NO. 20655 OF 2022

PETITIONER'S BUILDING.

Exhibit P2(A) TRUE COPY OF VALUATION REPORT OF 2ND PETITIONER'S BUILDING.

Exhibit P2(B) TRUE COPY OF VALUATION REPORT OF 3RD PETITIONER'S BUILDING.

Exhibit P2(C) TRUE COPY OF VALUATION REPORT OF 4TH PETITIONER'S BUILDING.

Exhibit P2(D) TRUE COPY OF VALUATION REPORT OF 5TH PETITIONER'S BUILDING.

Exhibit P2(E) TRUE COPY OF VALUATION REPORT OF 6TH & 7TH PETITIONER'S BUILDING .

Exhibit P2(F) TRUE COPY OF VALUATION REPORT OF 8TH PETITIONER'S BUILDING ISSUED IN THE NAME OF HIS FATHER.

Exhibit P2(G) TRUE COPY OF VALUATION REPORT OF 9TH PETITIONER'S BUILDING.

Exhibit P2(H) TRUE COPY OF VALUATION REPORT OF 10TH PETITIONER'S BUILDING.

Exhibit P3 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) 23142 OF 2021 DATED 30.11.2021.

Exhibit P3(A) TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) 27967 OF 2021 DATED 16.12.2021.

Exhibit P4 TRUE COPY OF JUDGMENT IN WP(C) NO.13131 OF 2021 DATED 09.09.2021.

Exhibit P4(A) TRUE COPY OF JUDGMENT IN WP(C) 990 OF 2022 DATED 12.01.2022.

Exhibit P5 TRUE COPY OF THE NOTIFICATION DATED 28.08.2015.

WP(C) NO. 20655 OF 2022

Exhibit P6 TRUE COPY OF THE ARBITRATION REQUEST IN LAC NO.162(VI) (NDK) SUBMITTED BY 1ST PETITIONER.

Exhibit P6(A) COPY OF THE ARBITRATION REQUEST IN LAC NO.81(II)(CHRD) (RAY) SUBMITTED BY 2ND PETITIONER.

Exhibit P6(B) COPY OF THE ARBITRATION REQUEST IN LAC NO.73A(CHRD) (RAY) SUBMITTED BY 3RD PETITIONER.

Exhibit P6(C) COPY OF THE ARBITRATION REQUEST IN LAC NO.74(CHRD) (RAY) SUBMITTED BY 4TH PETITIONER.

Exhibit P6(D) COPY OF THE ARBITRATION REQUEST IN LAC NO.63 (ONC) (URL) AND LAC NO.195(11)(ONC) (URL) SUBMITTED BY 5TH PETITIONER.

Exhibit P6(E) COPY OF THE ARBITRATION REQUEST IN LAC NO.10 (CHRD) (RAY) SUBMITTED BY 6TH & 7TH PETITIONERS.

Exhibit P6(F) COPY OF THE ARBITRATION REQUEST IN LAC NO.71 (CHRD) (RAY) SUBMITTED BY 8TH PETITIONER.

Exhibit P6(G) COPY OF THE ARBITRATION REQUEST IN LAC NO.4(CHRD)/(MTGL) AND LAC NO.4(II) (CHRD)/(MTGL) SUBMITTED BY 9TH PETITIONER.

Exhibit P6(H) COPY OF THE ARBITRATION REQUEST IN LAC NO.442/17 SUBMITTED BY 10TH PETITIONER.