Mr.Sivadasan Pillai vs National Highways Authority Of ...
2022 Latest Caselaw 5906 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
           TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                              WP(C) NO. 17562 OF 2022
PETITIONER:

                  MR.SIVADASAN PILLAI
                  AGED 59 YEARS
                  S/O PADMANABHANPILLAI, KOONMMAKKIL, CMC17,
                  CHERTHALA P O, ALAPPUZHA-688524.

                  BY ADVS.
                  S.KRISHNAMOORTHY
                  SNEHA ROSE
                  P.S.ARUNA


RESPONDENTS:

       1          NATIONAL HIGHWAYS AUTHORITY OF INDIA
                  REPRESENTED BY GENERAL MANAGER CUM PROJECT DIRECTOR,
                  NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
                  PALKULANGARA, TRIVANDRUM-695024.

       2          THE DISTRICT COLLECTOR
                  COLLECTORATE, ALAPPUZHA-688001.

       3          DEPUTY COLLECTOR (SPL)
                  LA(NH), COMPETENT AUTHORITY, COLLECTORATE,
                  ALAPPUZHA-688001.

       4          SPECIAL TAHASILDAR
                  OFFICE OF SPECIAL TAHASILDAR, LANH, CHERTHALA-688524.

       5          VILLAGE OFFICER
                  CHERTHALA SOUTH VILLAGE, CHERTHALA, ALAPPUZHA-688552.

                  SRI. BIMAL K.NATH, SR.GP, SRI. B.G. BIDAN CHANDRAN, SC.


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17562 OF 2022
                              2




                          JUDGMENT

The grievance of the petitioner is that he is sought to

be dispossessed from his property by paying an amount of

Rs.43,244/- towards compensation for residential building

in spite of the fact that by a subsequent valuation, the

value of the building has been fixed to Rs.5,77,956/-.

2. The counsel for the respondents points out that,

it can be seen from Ext.P2 that an award has already been

issued for Rs.43,244/- and the order contemplates passing

of another award for the balance amount in terms of the

final report received from the PWD authority regarding the

value of the building. It is submitted that once an award is

passed, there is no question of passing a second award and

the authority becomes functus officio. It is also submitted

that the matter has already been taken up before the

Arbitrator as provided in Section 3(G) of the National WP(C) NO. 17562 OF 2022

Highways Act, 1956 and as such it is for the Arbitrator to

determine the amount that is to be paid. It is submitted

that till such time the arbitrator decides, the work of the

National Highway shall not be kept in abeyance and the

respondents should be permitted to continue the work.

3. After hearing the matter for sometime, the

counsel for the respondents submitted that they may be

permitted to proceed with the work after depositing the

amount which has been found to be the value of the

building in Ext.P4, reserving their right to challenge the

amount in the arbitration proceedings that has already

been initiated. The counsel submits that the above

submission is made only for ensuring that the work of the

National Highway is not brought to a stand-still. I find that

the above submission is very much justified on the facts of

this case . It would appear from the pleadings that initially

a portion of the building was sought to be acquired for

which the value was fixed at Rs.43,244/- and later the WP(C) NO. 17562 OF 2022

balance portion was also decided to be acquired which led

to the increase in the value. These are all matters which

has to be considered by the arbitrator in the proceedings

pending. For the present, this writ petition is disposed of

directing the respondents to deposit the amount as valued

in Ext.P4 towards the compensation payable along with

such additional amounts towards solatium and interest

statutorily payable, within a period of ten days, subject to

the right of the respondents to contest the above amount

before the arbitrator. If ultimately it is found that the

petitioner is entitled only to a sum of Rs.43,244/- and not

for the enhanced amount, a provision has to be made for

recovery of the amount paid in excess. Hence, the

competent authority who is to disburse the amount shall

ensure that an undertaking is obtained from the petitioner

for repayment of such amounts that have been paid on the

basis of this judgment. The further proceedings like

demolition of the building of the petitioner shall be WP(C) NO. 17562 OF 2022

undertaken only after deposit of the amount as ordered

above and in accordance with the statutory provision.

Sd/-

T.R.RAVI JUDGE spk WP(C) NO. 17562 OF 2022

APPENDIX OF WP(C) 17562/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY, CHERTHALA MUNICIPALITY DATED 31.12.2020.

Exhibit P2 TRUE COPY OF THE AWARD DATED 15.02.2022.

Exhibit P3 TRUE COPY OF THE CLAIM STATEMENT DATED 26.04.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 RELEVANT PORTION OF THE DECLARATION AND VALUATION PREPARED BY THE AUTHORITIES DATED 29.12.2021.

RESPONDENT'S/S EXHIBITS : NIL