Kerala High Court
Abdulla V vs Union Of India on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17178 OF 2022
PETITIONERS:
1 ABDULLA V.,
AGED 64 YEARS
S/O, MOHAMMED, VIRUTHIYIL HOUSE, ANDATHODE P.O., PUNNAYURKULAM,
THRISSUR 679564.
2 FATHIMA ABDULLA,
AGED 58 YEARS
W/O.ABDULLA V. VIRUTHIYIL HOUSE, ANDATHODE P.O., PUNNAYURKULAM,
THRISSUR 679564.
BY ADVS.
P.SATHISAN
SHIBU B.S
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
KOCHI, VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM,
KAKKANAD, KERALA 682030.
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,
WP(C) NO. 17178 OF 2022
2
THIRUVANANTHAPURAM P.O., PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH17) CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE P.O., THRISSUR, KERALA 680 003
8 DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE P.O., THRISSUR, KERALA 680 003
9 ASSISTANT EXECUTIVE ENGINEER,
P.W.D BUILDINGS SUB DIVISION IRINJALAKUDA P.O., THRISSUR-680
121.
OTHER PRESENT:
SRI E.C.KURIAKOSE - SC; SMT MABLE C KURIAN - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17178 OF 2022
3
JUDGMENT
The petitioners impugn Ext.P1 Award issued by the Competent
Authority for Land Acquisition (CALA), appointed under the provisions
of the National Highways Act, 1956 (NH Act), on various grounds, but
concede that they have already invoked their alternative remedy
against the same, by preferring Ext.P9 application before the
competent statutory Arbitrator, under the provisions of Section 3G(5)
of the NH Act.
2. Sri.P.Sathisan - learned counsel for the petitioners,
explained that his clients are impugning Ext.P1 Award because it has
denied to them the benefits under Second Schedule of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Fair Compensation Act);
because it has reduced 6% from the compensation under the head of
"salvage", even though his client had informed the said Authority that
they does not intend to take away the remnants of the building
standing in the property acquired; because the nature of the land has
been incorrectly assessed without adverting to the judgment of this
Court in Aboobacker v. Union of India [2021 (6) KLT 1]; and
finally because Ext.P3 valuation report has not been taken into
account at all. The learned counsel therefore, prayed that either this
Court set aside Ext.P2, so that the CALA can be directed to reconsider
WP(C) NO. 17178 OF 2022
the entire matter; or in the alternative, that Ext.P9 application be
directed to be taken up and disposed of by the statutory Arbitrator,
without any further delay.
3. The afore submissions of Sri.P.Sathisan were answered by
the learned Senior Government Pleader contending that this Court
has already declared the law affirmatively in Usman Arif v.
National Highway Authority of India [2022 (1) KLT 35], that
once an Award has been issued, the CALA is rendered fuctus officio,
except for the purpose of issuing supplementary or additional Awards.
He submitted that, therefore, the only relief that can be considered by
this Court in favour of the petitioners is that Ext.P9 be directed to be
considered by the statutory Arbitrator.
4. Sri.E.C.Kuriakose - learned Standing Counsel for the
National Highways Authority of India(NHAI), submitted that he does
not have anything to say specifically on the various contentions raised
by the petitioners; but prayed that, if this Court is inclined to direct
Ext.P9 to be taken up and disposed of by the Statutory Arbitrator, the
official concerned of the NHAI also be directed to be heard.
Taking note of the afore submissions and since I am in full
affirmation with the contentions of the learned Senior Government
Pleader that the CALA has been rendered functus officio on account of
the declarations of this Court in Usman Arif (Supra), I deem it
WP(C) NO. 17178 OF 2022
appropriate to order this Writ Petition to the limited extend of
directing the District Collector to take up Ext.P9 and dispose it of as
per law.
Resultantly, this Writ Petition is ordered, with a consequential
direction to the 8th respondent - District Collector to take up Ext.P9
application of the petitioners and dispose it of in terms of the afore
contentions of the petitioners, after affording them as also, the official
concerned of the NHAI an opportunity of being heard; thus
culminating in an appropriate order and necessary action thereon, as
expeditiously as is possible but not later than two months from the
date of receipt of a copy of this judgment.
It is needless to say that the District Collector will advert to all
the precedents to be cited before him by the petitioners, including
Exts.P6, P6(a) and P8 and I leave liberty to the petitioners to approach
this Court again after a period of 8 months from the date of receipt of
a copy of this Judgment, if Ext.P8 is not disposed of by then, so that a
time frame for such purpose can be fixed taking note of the relevant
circumstances at that time.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 17178 OF 2022
APPENDIX OF WP(C) 17178/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SECTION 3G AWARD
NO.3/2021E1/KAD/012616/2021 DATED 28.01.2022 ISSUED
TO 1ST PETITIONER.
Exhibit P2 TRUE COPY OF SECTION 3G AWARD
NO.3/2021E1/KAD/012617/2021 DATED 07.02.2022 ISSUED
TO 2ND PETITIONER.
Exhibit P3 TRUE COPY OF THE VALUATION REPORT FOR STRUCTURE
VIDE REF NO.SCD/NH66/VS/TSR/KDK/18 DATED
18.01.2021.
Exhibit P4 TRUE COPY OF THE SPECIFIED PLINTH AREA RATES
DECIDED BY THE CPWD AS ON 01.10.2012
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.12523 OF
2022 DATED 06.04.2022.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27967 OF
2021 DATED 16.12.2021.
Exhibit P6A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.23142 OF
2021 DATED 30.11.2021.
Exhibit P7 TRUE COPY OF THE LICENSE NO.A4-4056/2021-22-275
DATED 20.04.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5041 OF
2022 DATED 02.03.2022
Exhibit P9 TRUE COPY OF THE ARBITRATION REQUEST IN LAC NO.
E1/KAD/012616/2021 ALONG WITH ITS RECEIPT
