Mohammed Sahid.M.A vs National Highways Authority Of ...
2023 Latest Caselaw 4981 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. 13921 OF 2023
PETITIONER:

          MOHAMMED SAHID.M.A
          AGED 48 YEARS
          PARATTUVEETTIL HOUSE,
          MOONNAMKALLU,ORUMANAYUR.P.O,CHAVAKKAD, THRISSUR.DIST.
          (REPRESENTED BY HIS POWER OF ATTORNEY, MOHAMMED KASSIM.
          M.A, PARATTUVEETTIL HOUSE, ORUMANYUR.P.O, CHAVAKKAD
          THRISSUR DT.PIN680512), PIN - 680512

          BY ADVS.
          V.N.HARIDAS
          SAIFUDEEN T.S
          PARVATHY S.R.


RESPONDENTS:

    1     NATIONAL HIGHWAYS AUTHORITY OF INDIA
          REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT
          IMPLEMENTATION UNIT, VII/511B NEYTHELI- MAVELIPURAM
          ROAD, MAVELIPURAM, KAKKANAD P.O, ERNAKULAM, PIN -
          682030

    2     THE COMPETENT ARBITRATOR
          DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION, KALYAN
          NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003

    3     OMPETENT AUTHORITY FOR LAND ACQUISITION SPECIAL DEPUTY
          COLLECTOR C NH-17, KUTTIPPURAM-EDAPPALLY, KODUNGALLOR,
          THRISSUR, PIN - 680003

          SMT. C.S. SHEEJA, SR. GOVT. PLEADER
          SRI. BIDAN CHANDRN FOR NHAI
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.13921/2023                     -2-

                                  JUDGMENT

The petitioner has approached this court seeking an expeditious

consideration of Ext.P10, which is an application filed by the petitioner before the

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

Having regard to the facts and circumstances of the case and considering

similar orders issued by this court, this writ petition will stand disposed of directing

the 2nd respondent to consider and pass orders Ext.P10 in accordance with law and

after affording an opportunity of hearing to the petitioner and all affected parties

within a period of one year from the date of receipt of a certified copy of this

judgment.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 13921/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POWER OF ATTORNEY ISSUED BY THE PETITIONER DT.10/04/2023

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 09.01.2023 ISSUED BY THE REVENUE DEPARTMENT

Exhibit P3 A TRUE COPY OF THE TAX RECEIPT DATED 06.10.2022 ISSUED BY THE REVENUE DEPARTMENT

Exhibit P4 ONE OF THE POSSESSION CERTIFICATE DATED 11.10.2022 ISSUED BY THE ORUMANAYUR VILLAGE

Exhibit P5 A TRUE COPY OF THE NOTICE ONCERNING THE COMPENSATION AWARDED FOR THE ACQUIRED LAND IN SY.NO.222/2 AND BUILDING ISSUED BY THE OFFICE OF THE 3RD RESPONDENT NO.LA2/ORU/010635/2021DATED 18.04.2022

Exhibit P6 A TRUE COPY OF THE NOTICE AND COMPENSATION AWARDED FOR THE ACQUIRED LAND ,IN SY NO 222/2 AS PER LA2/ORU/010752/2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 18.04.2022

Exhibit P7 A TRUE COPY OF THE NOTICE AND THE COMPENSATION AWARDED FOR THE ACQUIRED LAND,IN-SY.NO.215/7,ASPER LA2/ORU/012971/2022 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 18/04/2022

Exhibit P8 A TRUE COPY OF THE NOTICE AND THE COMPENSATION AWARDED FOR THE ACQUIRE LAND,IN-SY.NO.222/2,ASPER LA2/ORU/010634/2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT TO MOONNAMKALLU PALL COMMITTEE DATED 28/11/2022

Exhibit P9 A TRUE COPY OF THE NOTICE AND THE COMPENSATION AWARDED FOR THE ACQUIRED LAND,IN-SY.NO.222/2,ASPER LA2/ ORU/ 010746/2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 28/11/2022

Exhibit P10 A TRUE COPY OF THE APPLICATION DATED 12.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P11 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 16.01.2023 ISSUED BY THE 2ND RESPONDENT