Krishnan Kutty K.P vs Union Of India
2022 Latest Caselaw 2407 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                     THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

               WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943

                                WP(C) NO. 5898 OF 2022

PETITIONER:

               KRISHNAN KUTTY K.P
               S/O. PODIYAN, CHALINGAL MATTA, HARIPURAM P.O, ANANDASRAMAM,
               KASARAGOD, PIN - 671531.

               BY ADV AJITH KRISHNAN



RESPONDENTS:

      1        UNION OF INDIA
               REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD, TRANSPORT AND
               HIGHWAYS, TRANSPORT BHAVAN - 1, PARLIAMENT STREET, NEW DLEHI - 110
               001.

      2        NATIONAL HIGHWAY AUTHORITY OF INDIA
               REPRESENTED BY ITS CHAIRMAN, G5 & 6 SECTOR 10, DWARAKA, NEW DLEHI -
               110 075.

      3        THE PROJECT DIRECTOR
               THE NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT,
               (KERALA REGION) TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE,
               PALLIKULANGARA, THIRUVANANTHAPURAM, PIN - 695024.

      4        THE ARBITRATOR (DISTRICT COLLECTOR, KASARAGOD)
               NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, VIDHYA NAGAR,
               KASARAGOD, PIN - 671123.

      5        THE SPECIAL DEPUTY COLLECTOR
               LAND ACQUISITION (NH), KASARAGOD AND COMPETENT AUTHORITY, ANANGOOR,
               KASARAGOD, PIN - 671121.




               SRI.MATHEWS K. PHILIP.S.C AND SMT. MABLE .C .KURIAN SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             2



W.P.(C) No. 5898 of 2022




                                 JUDGMENT

Dated this the 2nd day of March, 2022.

The petitioner says that he has preferred Ext.P3

appeal before the Statutory Arbitrator under the

provisions of Section 3G(5) of the National Highways Act,

1956, ("NH Act" for short hereinafter); and prays that

same be directed to be taken up and disposed of within a

time frame to be fixed by this Court.

2. Sri.Ajith Krishnan - learned counsel for the

petitioner, submitted that his client has impelled valid

contentions in Ext.P3 against Ext.P1 Award and that he is

confident of obtaining relief, especially because, in

Ext.P2 Award issued with respect to an adjacent

property, much larger compensation had been paid. He,

W.P.(C) No. 5898 of 2022

therefore, pleaded that the District Collector - who is the

Statutory Arbitrator - be directed to dispose of Ext.P3

without any avoidable delay.

3. Smt.K.Amminikutty - learned Senior

Government Pleader, in response, submitted that

presently several appeals are pending before the District

Collector under Section 3G(5) of the "NH Act" and

therefore, that it would not be possible to give any

priority to the request of the petitioner, as pleaded by

him.

4. Sri.Mathews K.Philip - learned Standing

Counsel for the National Highway Authority of India

(NHAI), adopted the afore submissions of

Sri.K.Amminikutty, but added that Ext.P2 cannot apply to

the case of the petitioner since the property covered by

it was acquired in a different notification. He concluded

W.P.(C) No. 5898 of 2022

saying that if this Court is inclined to direct Ext.P3 to be

disposed of, the authorized officer of the NHAI be also

directed to be heard.

5. In reply, Sri.Ajith Krishnan - learned counsel for

the petitioner, however, submitted that Ext.P2 will

certainly apply to his client, since his property is lying

adjacent to the one covered by it.

Taking note of the afore submissions, I order this

writ petition to the extent of directing the District

Collector, who is also the Statutory Arbitrator, to take up

Ext.P3 appeal and dispose of the same, after affording an

opportunity of being heard to the petitioner and also the

authorized official of the NHAI; thus culminating in an

appropriate order and necessary action thereon without

any avoidable delay.

The District Collector shall, which the afore exercise

W.P.(C) No. 5898 of 2022

is completed, advert to Ext.P2 Award and evaluate in the

context of the rival contentions of the parties and his

opinion on the same shall be recorded in the resultant

order.

Since this Court has not fixed any time frame for

disposal of Ext.P3 on account of the request of the

learned Senior Government Pleader, I leave liberty to the

petitioner to approach this Court for such purpose after 8

months from the date of receipt of a copy of this

judgment, if orders on Ext.P3 are not issued until then.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/02.03.2022.

W.P.(C) No. 5898 of 2022

APPENDIX OF WP(C) 5898/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING IN LAC NO.214 DATED 17.06.20, ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 30.11.2020 IN LAC NO. 325/PULLUR VILLAGE, ISSUED BY THE 5TH RESPONDENT. Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 1.2.2022 ACKNOWLEDGING THE SUBMISSION OF APPEAL TO THE 4TH RESPONDENT, BY THE PETITIONER.