Kerala High Court
Ramachandran P vs National Highways Authority Of ... 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. 2519 OF 2022
BETWEEN:
RAMACHANDRAN P
AGED 65 YEARS,
S/O LATE PONNUNNI, PULIKKAL HOUSE, POOCHIRA, PUDUPPARIYARAM
POST, PALAKKAD TALUK, PALAKKAD DISTRICT. PIN; 678 731.
BY ADVS.
SAJAN VARGHEESE K.(K/415/1987)
LIJU. M.P
AND:
1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA - NHAI
G-5&6, SECTOR 10,DWARAKA, NEW DELHI-110075, REP.BY THE
CHAIRMAN.
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA
IN KOCHI/KERALA REGION, VII/511B, NEITHELI-MAVELIPURAM ROAD,
MAVELIPURAM,KAKKANAD, ERNAKULAM 682 030, REP.BY THE MANAGER.
3 THE COMPETENT AUTHORITY LAND ACQUISITION
NH 966 & SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL) NO.2,
PALAKKAD -678 001.
4 THE VILLAGE OFFICER,
PUDUPPARIYARAM II VILLAGE, PUDUPPARIYARAM POST. PALAKKAD
TALUK, PALAKKAD DISTRICT, PIN-678 731.
SMT K AMMINIKUTTY SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No. 2519 of 2022
JUDGMENT
Dated this the 27th day of May, 2022.
The controversy in this case revolves around an
extent 0.0081 hectors of land - claimed by the petitioner
- which has been classified as a "puramboke" one and
included in an Award, under the provisions of the
National Highway Act, 1956, (NH Act for short).
2. Smt.K.Amminikutty - learned Senior
Government Pleader, had earlier affirmed and which has
been recorded on 04.02.2022, that an Award with
respect to the acquired property has been issued and
that this extent has been shown therein to be a
"puramboke" land.
3. I, therefore, had requested the Government
Pleader, to produce all documents relied upon by the 3 rd
W.P.(C) No. 2519 of 2022
respondent to conclude that the afore extent is a
"puramboke" one.
4. Today, the learned Senior Government Pleader
submitted that she will file a detailed counter affidavit
explaining the afore stand of the 3 rd respondent, but
asserted that the property involved is certainly owned by
the Government.
5. In response to the afore submissions,
Sri.K.Sajan Vargheese - learned counsel for the
petitioner, submitted that his client will be able to
establish before any Authority, including the 3 rd
respondent, that the property involved belongs to his
client exclusively and that he will be able to substantiate
this through relevant inputs, including title documents.
6. When I evaluate the afore submissions, it is
without doubt that this Court had, already declared the
law that when an Award is issued under the provisions of
W.P.(C) No. 2519 of 2022
the "NH Act", the Competent Authority for Land
Acquisition (CALA) operating under its ambit, is rendered
functus officio, except for the purpose of issuing
additional or supplementary Awards in Usman Arif Vs
National Highway Authority of India [2022 (1) KLT
35].
7. In the case at hand, since the afore extent has
been shown to be "puramboke" land, no compensation
to it has been considered or granted. Obviously,
therefore, if the conclusion regarding its nature is found
to be incorrect in future, the CALA will have to issue an
Additional or Supplementary Award with respect to it.
In the afore perspective, I order this writ petition to
the limited extent of directing the CALA to examine all
the documents and records of the petitioner, as also the
Revenue Records, with respect to 0.0081 hectors of land,
which is involved in this case; thus leading to a final
W.P.(C) No. 2519 of 2022
decision as to whether an additional or supplementary
Award is required to be issued in his favour.
The afore exercise shall be completed by the CALA
within a period of two months from the date of receipt of
a copy of this judgment and to facilitate compliance of
this, I direct the petitioner to appear before the said
Authority at 11:00 AM on 06.06.2022 with all documents
he intends to rely upon; on which day, the Authority will
either hear him or fix another convenient date and
complete proceedings as directed above.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/28.05.2022.
W.P.(C) No. 2519 of 2022
APPENDIX OF WP(C) 2519/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED TO THE PETITIONER
FROM PUDUPPARIYARAM II VILLAGE.
Exhibit P2 TRUE COPY OF THE REPORT SUBMITTED BY
THE 4TH RESPONDENT TO THE SUB
COLLECTOR, PALAKKAD.
Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED
10.03.2021 PUBLISHED IN THE DAILY
MALAYALA MANAORAMA ON 22.04.2021.
Exhibit P4 TRUE COPY OF THE SKETCH OF SURVEY NO.
465/2 OF PUDUPPARIYARAM II VILLAGE.
Exhibit P5 TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED TO SRI.RAMANUJAN
Exhibit P7 TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED TO SRI MUHAMMED
SHAFI & ISMAIL.
Exhibit P8 TRUE COPY OF THE NOTICE DATED
01.11.2021 ISSUED TO MUHAMMED HUSSAIN.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
16.11.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT BY THE PETITIONER.
Exhibit P10 TRUE COPY OF THE POSTAL
ACKNOWLEDGEMENT CARD ISSUED ON RECEIPT
W.P.(C) No. 2519 of 2022
OF EXHIBIT P9.
Exhibit P11 TRUE COPY OF THE FURTHER NOTIFICATION
ISSUED IN TERMS OF SECTION 3G(3) & (4)
OF THE NATIONAL HIGHWAYS ACT.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
27.12.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE ACKNOWLEDGEMENT CARD
ISSUED ON RECEIPT OF EXHIBIT P12.
Exhibit P14 TRUE COPY OF THE NOTICE DATED
01.01.2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P15 TRUE COPY OF ANOTHER NOTICE DATED
03.01.2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P16 TRUE COPY OF THE REPLY SENT TO EXHIBIT
P15.
