Usha Lonappan vs Union Of India
2022 Latest Caselaw 10268 Ker

WP(C) NO. 17640 OF 2011            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 22ND DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944
                          WP(C) NO. 17640 OF 2011
PETITIONER/S:

               USHA LONAPPAN
               KATTOOKKARAN HOUSE, P.O.MELADOOR, CHALAKKUDY.

               BY ADVS.
               SRI.M.M.ABDUL AZIZ (SR.)
               SRI.M.A.ABDUL HAKHIM
               SRI.M.G.ANON



RESPONDENT/S:

      1        UNION OF INDIA
               DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,,
               REQUISITION DEPARTMENT, NEW DELHI, PIN-110001.

      2        SPECIAL DEPUTY COLLECTOR
               S.L.A.O. AND COMPETENT AUTHORITY UNDER, NATIONAL
               HIGHWAYS ACT, L.A.N.H.D.P., THRISSUR, 680020.

      3        THE DISTRICT COLLECTOR AND ARBITRATOR
               UNDER THE NATIONAL HIGHWAYS ACT,, THRISSUR, PIN-
               680003.

               BY ADV K.A.SALIL NARAYANAN(K/236/1987),
               SRI.C.N.PRABHAKARAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17640 OF 2011              2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.17640 of 2011
                     --------------------------------------
             Dated this the 22nd day of September, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of certiorari or other appropriate writ, order or direction setting aside Ext.P3.

(ii) Issue a writ of mandamus or such other writ order or direction compelling the 3rd respondent to determine the compensation for the land acquired from the petitioner including the compensation for severance and injurious affection strictly following the provisions of Sec. 3 G(7) of the NH Act.

(iii) Grant such other reliefs, as this Hon'ble Court shall deem just." [SIC]

2. The writ petition is filed challenging Ext.P3 award

passed by the 3rd respondent. When this writ petition came up

for consideration, the learned Standing Counsel appearing for

National Highway Authority submitted that the petitioner has

got an alternative remedy under Sec.34 of the Arbitration and

Conciliation Act, 1996 (for short 'Act, 1996').

3. In the light of the same, this writ petition is not

maintainable. The petitioner is free to approach the court as per

Sec. 34 of the Act, 1996. With liberty to the petitioner to

approach the court concerned, this writ petition can be closed.

Therefore, this writ petition is disposed of granting the

petitioner one month time to approach the appropriate forum as

per Sec.34 of the Act, 1996. If such an application is filed, the

court concerned will consider the same in accordance to law. If

any delay petition is filed, the time during which this writ

petition was pending before this Court will be excluded.

SD/-

                                       P.V.KUNHIKRISHNAN
                                             JUDGE
SKS





                               APPENDIX


PETITIONER'S EXHIBITS            :

EXT.P1    A PHOTOSTAT COPY OF THE DETERMINATION ORDER PASSED BY
THE 2ND RESPONDENT

EXT.P2    A PHOTOSTAT COPY OF THE APPLICAITON UNDER SEC.3G(5) OF
THE NH ACT.

EXT.P3        A PHOTOSTAT COPY OF AWARD PASSED BY THE 3RD RESPONDN

RESPONDENT'S EXHIBITS            :    NIL