Ravindra Chaturvedi vs National Highways Authority Of ...
2023 Latest Caselaw 4940 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 11715 OF 2023
PETITIONER:

          RAVINDRA CHATURVEDI,
          LIQUIDATOR-EXCEL GLASSES LTD.,
          BKC CENTRE, 31 -E, LAXMI INDUSTRIAL ESTATE,
          NEW LINK ROAD, ANDHERI (W), MUMBAI - 400 053.
          BY ADVS.
          G.HARIKUMAR (GOPINATHAN NAIR)
          AKHIL SURESH


RESPONDENTS:

    1     NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          REPRESENTED BY PROJECT DIRECTOR, NO.36/414(III),
          NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA,
          TRIVANDRUM - 695 024.
    2     SPECIAL DEPUTY COLLECTOR AND COMPETENT
          AUTHORITY FOR LAND ACQUISITION (CALA) -LANH NATIONAL
          HIGHWAY AUTHORITY, NH 66,
          CIVIL STATION ALAPPUZHA - 688 001.
          BY SMT.C.S.SHEEJA, SR.G.P
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11715 OF 2023

                                  2


                             JUDGMENT

The petitioner is a liquidator appointed by the National

Company Law Tribunal, Kochi Bench in respect of M/s. Excel

Glasses Ltd. The petitioner has approached this Court being

aggrieved by the fact that though a certain extent of property

belonging to M/s. Excel Glasses Ltd. (in liquidation) has been

acquired for the development of National Highway - 66, no award

has been passed by the competent authority, determining the

compensation payable owing to acquisition of land. It is the case of

the petitioner that such compensation has not been paid to the

liquidator to be applied in discharging the debts of the Company.

2. The learned Standing Counsel for the National Highways

Authority of India appearing for the 1st respondent and the learned

Senior Government Pleader appearing for the 2 nd respondent would

submit that the petitioner had not been able to produce sufficient

documents regarding the title to the property and therefore, the

award has not been passed.

3. The learned counsel appearing for the petitioner would

submit that Ext.P9 would clearly indicate that the petitioner had WP(C) NO. 11715 OF 2023

produced necessary documents and yet the award is stated to be in

the process of being issued. It is submitted that under the scheme of

National Highways Act, 1956, the land can be taken over only after

an award has passed and the Competent Authority may be directed

to pass a formal award and thereafter consider the disbursement of

the amounts to the petitioner subject to the production of necessary

documents.

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

standing Counsel appearing for the 1st respondent and the learned

Senior Government Pleader appearing for the 2 nd respondent, this

writ petition will stand disposed of directing the 2 nd respondent to

pass an award in terms of the provisions contained in the National

Highways Act, 1956 in respect of the land acquired from M/s. Excel

Glasses Ltd. (in liquidation) after issuing notice to the petitioner

and after affording an opportunity of hearing to the petitioner. After

an award has passed, the compensation determined in respect of the

land shall be released to the liquidation account of the Company in

question, subject to compliance with usual formalities. The needful

shall be done within a period of two months from the date of receipt

of a certified copy of this judgment.

WP(C) NO. 11715 OF 2023

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 11715 OF 2023

APPENDIX OF WP(C) 11715/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER PASSED BY HON'BLE TRIBUNAL DATED 21.10.2019 Exhibit2 TRUE COPIES OF UNDATED NOTICE LAC 155/2020 ISSUED BY THE 2ND RESPONDENT Exhibit P2a TRUE COPIES OF UNDATED NOTICE LAC 156/2020 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE LETTER DATED 16.09.2021 WHICH WAS SUBMITTED TO THE OFFICE OF THE 2ND RESPONDENT ON 22.09.2021 Exhibit P4 TRUE COPY OF THE EVICTION MAHAZAR DATED 06.12.2021 Exhibit P5 TRUE COPY OF THE REMINDER E-MAIL Exhibit P6 TRUE COPY OF THE LEGAL NOTICE DATED 04.05.2022 ISSUED TO THE RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER DATED 10.11.2022 Exhibit P8 TRUE COPY OF RTI APPLICATION DATED 27.01.2023 Exhibit P9 TRUE COPY OF REPLY TO RTI APPLICATION DATED 25.02.2023