Yashoda vs The Union Of India, Represented By ...
2023 Latest Caselaw 5118 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. 13533 OF 2023
PETITIONER:

          YASHODA
          AGED 65 YEARS
          W/O LATE RAGHAVAN,
          RASHMI HOUSE, KAVIL ROAD,
          SIDDHASAMAJAM.P.O., VATAKARA TALUK,
          KOZHIKODE DISTRICT., PIN - 673104
          BY ADV ZUBAIR PULIKKOOL


RESPONDENTS:

    1     THE UNION OF INDIA,
          REPRESENTED BY SECRETARY,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
          GOVERNMENT OF INDIA, CENTRAL DELHI P.O,
          NEW DELHI., PIN - 110001
    2     DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL
          SECRETARY ROOM NO. 213,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
          TRANSPORT BHAVAN-1, PARLIAMENT STREET,
          CENTRAL DELHI P.O, NEW DELHI.,
          PIN - 110001
    3     PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
          DWARAKA SECTOR 10, SOUTH WEST DELHI P.O,
          NEW DELHI., PIN - 110075
    4     CHAIRMAN,
          NHAI, G-5 AND 6, SECTOR -10,
          DWARAKA, SOUTH WEST DELHI P.O,
          NEW DELHI., PIN - 110075
    5     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          PUBLIC WORKS DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM P.O., PIN - 695001
    6     PROJECT DIRECTOR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          PROJECT IMPLEMENTATION UNIT,
          KOZHIKODE, LOTUS (H), 34/1487 A,
          PROVIDENCE WOMENS COLLEGE ROAD,
          MALAPARAMBA P.O, KOZHIKODE.,
          PIN - 673009
 WPC No.13533 of 2023

                                          2

      7        SPECIAL DEPUTY COLLECTOR,
               LAND ACQUISITION (NH) COLLECTORATE,
               WAYANAD RD, CIVIL STATION P.O.,
               ERANHIPALAM, KOZHIKODE, PIN - 673020
      8        SPECIAL TAHSILDAR (LA(NH),
               VATAKARA MINI CIVIL STATION,
               COURT ROAD, VATAKARA P.O.,
               KOZHIKODE, PIN - 673101
      9        DISTRICT COLLECTOR,
               KOZHIKODE, COLLECTORATE,
               WAYANAD RD, CIVIL STATION P.O.,
               ERANHIPALAM, KOZHIKODE, PIN - 673020

               BY ADV B.G.BIDAN CHANDRAN, SC, NATIONAL HIGHWAYS
               AUTHORITY OF INDIA
               SRI. S MANU (DSGI)
               SMT. C S SHEEJA (SR GP)



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.04.2023,       THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC No.13533 of 2023

                                       3




                              JUDGMENT

The petitioner has approached this court seeking an

expeditious consideration of Ext.P3 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 9 th

respondent to consider Ext.P3 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 rkj WPC No.13533 of 2023

APPENDIX OF WP(C) 13533/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WPC 23142/2021 DATED 30.11.2021.

Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) 12598/2021 DATED 09.09.2021.

Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE 9TH RESPONDENT DATED 21.02.2023.