Kerala High Court
Muhammed vs Union Of India on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 7687 OF 2022
PETITIONER:
MUHAMMED,
AGED 83 YEARS
S/O. ABDU MUSALIAR PAARATTU VEETTIL, POST EDAKKAZHIYUR,
CHAVAKKAD, THRISSUR 680 515.
BY ADVS.
P.A.MOHAMMED SHAH
ASWIN KUMAR M J
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF ROAD, TRANSPORT AND
HIGHWAYS, NEW DELHI 110 001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR-10, DWARAKA, NEW DELHI 110 075, REPRESENTED BY
ITS CHAIRMAN.
4 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B, NAITHELI-
MAVELIKARA ROAD, MAVELIPURAM, KAKKANAD , KERALA 682 030.
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA,
COLLECTORATE, THRISSUR 680664.
6 SREEJITH,
S/O. K.D. KARUNAKARAN, KAROTTIPARAMBIL HOUSE, PERINGOTTUKARA
P.O, THRISSUR DISTRICT-680 565
BY ADV RAJESH CHAKYAT
WP(C) NO. 7687 OF 2022
2
OTHER PRESENT:
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7687 OF 2022
3
JUDGMENT
The petitioner has approached this Court seeking a direction to
the 5th respondent - which is the Competent Authority for Land
Acquisition (CALA) appointed under the provisions of the National
Highways Act (NH Act for short) - to disburse to him the eligible
amounts under the Award with respect to the property acquired from
him.
2. According to the petitioner, the 6 th respondent, who is the
former tenant of a portion of the building standing in the property, is
not entitled to any amount from the compensation, particularly
because he has consistently and chronically defaulted payment of rent.
The petitioner, therefore, prays that the 5 th respondent - CALA be
directed to disburse the amounts under the Award without any further
delay.
3. The afore submissions of Sri.Mohammed Shah - learned
counsel for the petitioner, were opposed by the learned Senior
Government Pleader - Smt.K.Amminikutty, saying that petitioner has
not yet produced any document in substantiation of his title over the
property and therefore, that even though determination of the
compensation has been finalized by the CALA, the order postulated
WP(C) NO. 7687 OF 2022
under Section 3G(1) of the 'NH Act' is yet to be issued. She submitted
that the petitioner has, in fact, been issued with a notice under Section
3E(1) of the 'NH Act' and that if he produces documents in
substantiation of his title, the order of compensation will be
communicated to him and its disbursement done in terms of law. She,
therefore, prayed that this writ petition be disposed of only on such
terms.
4. The learned counsel appearing for the 6th respondent,
submitted that his client is a tenant in the property and entitled to a
portion of the compensation, under the ambit of Schedules two and
three of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Fair
Compensation Act for short), because he is a 'person interested'. He
added that the petitioner has, in fact, filed a suit, numbered as
O.S.No.743/2021 on the files of the Munsiff's Court, Chavakkad,
against the petitioner and prayed that disbursement of compensation
be ordered to be deferred until such time as the said suit is disposed
of.
5. I must say that I cannot find favour with the afore
submissions of the 6th respondent because, if he has any claim over the
property, his remedies are well delineated in the 'NH Act' itself.
Without invoking any such remedy, he cannot stand in the way of
WP(C) NO. 7687 OF 2022
either the Award being issued or the amounts under it being disbursed
to the petitioner.
6. However, since the learned Senior Government Pleader
says that the final order under Section 3G(1) of the 'NH Act', has not
been yet communicated to the petitioner, I am certain that steps for
such purpose should be now completed, for which the petitioner must
produce all his documents before the CALA appropriately.
Resultantly, I order this writ petition, leaving liberty to the
petitioner to produce all documents in substantiation of his title over
the property and the building acquired; and if this is done within a
period of two weeks from the date of receipt of a copy of this
judgment, the CALA will issue an appropriate order under Section
3G(1) of the 'NH Act' and then proceed to disburse the amounts under
the said order as per law, taking into account the contentions of the
petitioner.
It is needless to say that, I leave full liberty to the 6 th respondent
to invoke any remedy that may be available to him under the 'NH Act';
for which purpose, all his contentions are left open.
At this time, Sri.Mohammed Shah, intervened to say that the
deduction towards salvage of the building may not be permitted to be
done by the CALA since his client has informed the said Authority that
he does not intend to remove the remnants of the building from the
WP(C) NO. 7687 OF 2022
property.
I am afraid that I cannot accede to this request because, as I
have already recorded above, it is the specific case of the learned
Senior Government Pleader that the amount of compensation has been
determined and finalized, though an order Section 3G(1) of the 'NH
Act', has not been issued.
I, therefore, leave full liberty to the petitioner to invoke such
remedies as may be eligible to him, after the order under Section
3G(1) of the NH Act is issued, for which purpose, all his contentions
are also left open.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 7687 OF 2022
APPENDIX OF WP(C) 7687/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
VILLAGE OFFICER, DATED 27.10.2020.
Exhibit P2 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE
BUILDING NUMBERED AS 291/12 DATED 15.04.2021.
Exhibit P3 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE
BUILDING NUMBERED AS 292/12 DATED 15.04.2021.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE
BUILDING NUMBERED AS 293/12 DATED 15.04.2021.
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION NUMBERED AS S.O 1561 (E) ISSUED BY THE
1ST RESPONDENT DATED 09.04.2019.
Exhibit P6 THE TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER DATED NIL.
Exhibit P7 THE TRUE COPY OF THE PLAINT IN O.S. NO. 743/2021
DATED 14.09.2021.
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.
23142/2021 DATED 30.11.2021.
Exhibit P9 THE TRUE COPY OF THE VALUATION REPORT OF THE
PETITIONER'S BUILDING DATED NIL.
