Babu Kolora vs The District Collector
2023 Latest Caselaw 4574 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                              WP(C) NO. 12976 OF 2023
PETITIONER:

                  BABU KOLORA
                  AGED 60 YEARS
                  S/O. CHATHU, KOLORA NIVAS, NADAKKUTHAZHA, VATAKARA,
                  KOZHIKODE., PIN - 673104

                  BY ADVS.
                  B.KRISHNAN
                  RAJESH V.NAIR



RESPONDENTS:

       1          THE DISTRICT COLLECTOR
                  CIVIL STATION, KOZHIKODE, PIN - 673020

       2          COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR,
                  LAND ACQUISITION (NHAI), KOZHIKODE., PIN - 673020

       3          NATIONAL HIGHWAY AUTHORITY OF INDIA
                  (MINISTRY OF ROAD TRANSPORT & HIGHWAYS), OFFICE OF THE
                  PROJECT DIRECTOR, NHAI, PROJECT IMPLEMENTATION UNIT,
                  REPRESENTED BY PROJECT DIRECTOR, 34/743-B, VAISHNAVAM,
                  CIVIL STATION P.O., KOZHIKODE., PIN - 673020

                  BY SRI. BIMAL K.NATH (SR.GOVERNMENT PLEADER)



OTHER PRESENT:

                  SRI. LEJO JOSEPH GEORGE (NHAI), SRI. BIMAL K NATH (SR
                  GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12976/2023                    2

                               JUDGMENT

The petitioner has approached this Court seeking an expeditious

consideration of an application filed by the petitioner under Section

3G(5) of the National Highways Act, 1956.

2. Having heard the learned counsel for the petitioner, the

learned Standing Counsel appearing for the National Highway Authority

of India and the learned Senior Government Pleader appearing for the

other official respondents and considering the similar orders passed in

other writ petitions, this writ petition will stand disposed of directing the

1st respondent to consider the application filed by the petitioner under

Section 3G(5) of the National Highways Act, 1956, against Exts.P1 and

P2 awards, within a period of one year from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 12976/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE PROCEEDINGS OF 2 ND RESPONDENT IN LAC 59 (1) VDK DATED 30.04.2021

Exhibit-P2 TRUE COPY OF THE PROCEEDINGS IN LAC 59 (II) VDK DATED 30.04.2021

Exhibit-P3 TRUE COPY OF THE VALUATION OF THE BUILDING BY THE AUTHORIZED AGENCY 'SAMARA CONSULTANT AND DEVELOPMENT DATED 22.04.2022

Exhibit-P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1 ST RESPONDENT UNDER SECTION 3 (G) (5) OF THE NATIONAL HIGHWAY ACT DATED 11.11.2021

Exhibit-P5 TRUE COPY OF THE REPORT RECEIVED FROM THE HEAD POST OFFICE, VADAKARA DATED 28-03-