Chochappan vs Union Of India, Represented By ...
2022 Latest Caselaw 7766 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. 18163 OF 2022
PETITIONER:

            CHOCHAPPAN
            AGED 77 YEARS, S/O.OUSEPH MATHAI, PUTHEZHATHU,
            ARTHUNKAL P.O, CHERTHALA, ALAPPUZHA, PIN - 688530

            BY ADVS.
            JOBY CYRIAC
            KURIAN K JOSE



RESPONDENTS:

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

    2       STATE OF KERALA, REPRESENTED BY SECRETARY
            PUBLIC WORKS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    3       NATIONAL HIGHWAY AUTHORITY OF INDIA,
            G-586, SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075
            REPRESENTED BY ITS CHAIRMAN

    4       PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA,
            RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O,
            THIRUVANANTHAPURAM, PIN - 695008

    5       SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
            LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA,
            COLLECTORATE, ALAPPUZHA, PIN - 688001

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


     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. 18163 OF 2022
                                    2




                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 18163 of 2022
                --------------------------------------------
                 Dated this the 28th day of June, 2022

                                JUDGMENT

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

Pleader takes notice for the respondents 2 & 5. Standing counsel takes

notice for respondents 3 & 4.

2. The petitioner submits that even though the PWD

authorities had initially valued the structure in the acquired property at

₹49,48,552/-, the same was enhanced to ₹55,93,729/-. However, in

Ext.P1 award the authorities have restricted the value at ₹49,48,552/-

on the reason that there is no sufficient fund to award the enhanced

amount. A reading of the award would show that there appears to be

no dispute regarding the enhancement made by the PWD authorities.

3. The Government Pleader on instructions submits that the

enhanced value will have to be placed before the National Highway

Authority before finalising the proceedings. The standing counsel for

the National Highway Authority submits that unless the competent

authority decides on the compensation, they will not be able to identify

the funds and deposit the same for payment. WP(C) NO. 18163 OF 2022

In such circumstances, this writ petition is disposed of directing

the 5th respondent to pass a supplementary award regarding the

enhanced value of the structures mentioned in Ext.P1 award after

confirming the said amount with the National Highway Authority.

Necessary orders shall be issued within two months from the date of

receipt of a copy of this judgment. Needless to say, if the

enhancement is awarded, steps shall be taken to pay the amount to

the petitioner with all other benefits under the statute.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 18163 OF 2022

APPENDIX OF WP(C) 18163/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE 5TH RESPONDENT U/S.3G(1) OF THE NH ACT,1956 AND RFCTLARR ACT, 2013 IN LAC NO.

298/2020/CHERTHALA NORTH/BLO/S.O.4348(E)/495/2021/A2 DATED 08/12/20