Abdulla T.A vs National Highways Authority Of ...
2022 Latest Caselaw 3397 Ker

               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. 9656 OF 2022
PETITIONER:

          ABDULLA T.A., AGED 73 YEARS,
          S/O.ABDUL RAHIMAN, THANATH PARAMBIL HOUSE,
          P.O.PERINJANAM, THRISSUR-680 686.

          BY ADVS.V.N.HARIDAS
          SAIFUDEEN T.S
          M.MANU



RESPONDENTS:

    1     NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          REPRESENTED BY ITS PROJECT DIRECTOR,
          PROJECT IMPLEMENTATION UNIT, VII/511 B,
          NEYTHELI MAVELIPURAM ROAD, MAVELIPURAM,
          KAKKANAD P.O., ERNAKULAM-682 030.

    2     THE COMPETENT ARBITRATOR,
          DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION,
          KALYAN NAGAR, AYYANTHOLE, THRISSUR-680 003.

    3     COMPETENT AUTHORITY FOR LAND ACQUISITION SPECIAL
          TAHASILDAR, DEPUTY COLLECTOR, CIVIL STATION,
          AYYANTHOLE, THRISSUR-680 003.

          SMT. MABLE .C .KURIAN SR.G.P
          SRI.B.G.BIDAN CHANDRAN, SC


     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. 9656 OF 2022
                                    -2-

                              JUDGMENT

Amidst all the assertions, averments and

contentions made and impelled in this writ

petition, the sole prayer made by the petitioner

is that the 2nd respondent - District Collector,

who is also the statutory Arbitrator under the

provisions of the National Highways Act ('NH Act',

for short), be directed to take up Ext.P5

application for Arbitration preferred under

Section 3G(5) of the said Act and dispose it of,

within a time frame to be fixed by this Court.

2. The afore request of Sri.V.N.Haridas -

learned counsel for the petitioner, was answered

by the learned Senior Government Pleader -

Smt.Mable C.Kurian, saying that several

arbitration applications are already pending

before the 2nd respondent and therefore, that no

priority can be given to the petitioner's WP(C) NO. 9656 OF 2022

application. She, therefore, prayed that this

Court may not fix a time frame for completion of

proceedings on Ext.P5, but assured this Court that

the 2nd respondent will attempt to dispose it of

without any avoidable delay.

3. Sri.B.G.Bidan Chandran - learned Standing

Counsel for the National Highway Authority of

India (NHAI), submitted that though he does not

have any comment to make on the afore request of

the petitioner, while the proceedings on Ext.P5 is

carried on, the 2nd respondent - District

Collector, may be directed to hear the authorized

official of the NHAI also.

Taking note of the afore submissions and

since, in similar matters, this Court has not

fixed any time frame, I order this writ petition

and direct the 2nd respondent to take up Ext.P5 and

dispose it of, as expeditiously as is possible,

after affording necessary opportunity of being WP(C) NO. 9656 OF 2022

heard to the petitioner, as also the authorized

official of the NHAI; thus culminating in an

appropriate order and necessary action thereon

without any avoidable delay.

If the afore proceedings are not completed

even within a period of eight months from the date

of receipt of a copy of this judgment, I leave

liberty to the petitioner to approach this Court

seeking to fix a time frame, which will be

considered at that relevant time, taking note of

the action taken and such other relevant aspects.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 9656 OF 2022

APPENDIX OF WP(C) 9656/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 22.09.2021 ISSUED BY THE REVENUE DEPARTMENT.

EXHIBIT P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 17.11.2021 ISSUED BY THE KAIPAMANGALAM GRAMA PANCHAYAT.

EXHIBIT P3 A TRUE COPY OF THE INTIMATION CONCERNING THE COMPENSATION AWARDED FOR THE ACQUIRED LAND AND BUILDING ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 30.12.2021.

EXHIBIT P4 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 30.12.2021.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION UNDER S.3G(5) OR THE NATIONAL HIGHWAY ACT, 1956 DATED 18.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 19.02.2022 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE