Dr. Farish P.H vs District Collector & The ...
2023 Latest Caselaw 5030 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. 13604 OF 2023
PETITIONER/S:

                  DR. FARISH P.H.
                  AGED 39 YEARS
                  S/O. HAMZA, RESIDING AT PARAKKATTIL HOUSE, THINDALAM,
                  VADAKKUMPURAM POST, VALANCHERY, MALAPPURAM, PIN-
                  676582., PIN - 676582

                  BY ADV K.K.ASHKAR



RESPONDENT/S:

       1          DISTRICT COLLECTOR & THE ARBITRATOR APPOINTEDD UNDER NH
                  ACT
                  COLLECTORATE, CIVIL STATION, PIN- 676505., PIN - 676505

       2          DEPUTY COLLECTOR, LAND ACQUISITION (NH)
                  MALAPPURAM, COLLECTORATE, CIVIL STATION, PIN- 676505.,
                  PIN - 676505

       3          THE PROJECT OFFICER
                  NATIONAL HIGHWAYS AUTHORITY OF INDIA, COCHIN,
                  MAVELIPURAM ROAD, KAKKANAD, KOCHI-682030., PIN - 682030


OTHER PRESENT:

                  SRI. BIDAN CHANDRAN (NHAI), SRI. BIMAL K NATH (SR GP)


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.13604/2023                    2

                               JUDGMENT

The petitioner has approached this court seeking an expeditious

consideration of Ext.P4 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 1 st respondent to consider Ext.P4 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 acd

APPENDIX OF WP(C) 13604/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE AWARD NO.

741/2020/TIR/146 (2) DATED 01.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit-P2 TRUE COPY OF THE AWARD NO.

741/2020/TIR/146 (1) DATED 03.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit-P3 TRUE COPY OF THE AWARD NO.

741/2020/TIR/146 DATED 24.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit-P4 TRUE COPY OF THE ARBITRATION REQUEST DATED 24.02.2022 MADE BY THE PETITIONER U/S.3G(5) NH ACT BEFORE THE 1ST RESPONDENT