Uzhava Service Co-Operative Bank Ltd. ... vs National Highway Authority Of India
2023 Latest Caselaw 13570 Ker

Kerala High Court

Uzhava Service Co-Operative Bank Ltd. ... vs National Highway Authority Of India on 21 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                               1945
                     WP(C) NO. 41298 OF 2022
PETITIONER:

           UZHAVA SERVICE CO-OPERATIVE BANK LTD. NO A305
           PATTANAKKAD P.O., CHERTHALA - 688531, REP. BY
           SECRETARY, REMYA DEVI S.R., D/O SASIDHARA MENON,
           RESHMI BHAVAN, PATTANAKKAD, CHERTHALA, ALAPPUZHA-
           688531.
           BY ADVS.
           S.KRISHNAMOORTHY
           SNEHA ROSE
           P.S.ARUNA


RESPONDENTS:

    1      NATIONAL HIGHWAY AUTHORITY OF INDIA
           REP. BY DY. GENERAL MANAGER CUM PROJECT DIRECTOR,
           NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
           PALKULANGARA, TRIVANDRUM- 695 024.
    2      THE DISTRICT COLLECTOR,
           COLLECTORATE, ALAPPUZHA-688001.
    3      DEPUTY COLLECTOR (SPL) LA(NH),
           COMPETENT AUTHORITY, COLLECTORATE, ALAPPUZHA -
           688001.
    4      SPECIAL TAHASILDAR,
           O/O. SPECIAL TAHASILDAR LANH, CHERTHALA, ALAPPUZHA
           - 688524.
    5      VILLAGE OFFICER,
           PATTANAKKAD VILLAGE, CHERTHALA, ALAPPUZHA.
           BY ADVS.
           E.C.KURIAKOSE
           LEJO JOSEPH GEORGE(K/357-C/2017)
           SMT. DEEPA V. - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) No. 41298 of 2022
                                     2

                            JUDGMENT

The petitioner is a Primary Agricultural Credit

Society. The property owned by the petitioner having an

extent of 0.00460 Hectares of land in Sy. No. 41/11 of

Pattanakkad Village was acquired for the purpose of

widening of National Highway 66. It is stated that, there is

a Godown building in the property and 25% of the

building comes within the alignment for acquisition. It is

stated that in Ext. P1 award, no compensation has been

awarded for the building and other structures under

acquisition. The petitioner has filed this writ petition for

the following reliefs:-

"I) To issue a writ of Mandamus or other appropriate writ, order or direction, directing the respondents to assess the remaining portion of the building/structures in Sy 41/11 of Pattanakkad Village so as to claim compensation under 3(G)(7), and to put the claim under Section 3G (5) of the NH Act.

ii) To issue a writ of Mandamus or other appropriate writ, order or direction directing the 2 nd respondent to conduct an inspection by appointing an engineer

under Section 29(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, determining the structural value of the remaining portion of the building/structures in Sy 41/11 of Pattanakkad Village, and to award compensation.

Iii) To issue a writ of mandamus or other appropriate writ, order or direction, directing the 3 rd respondent to pass fresh award regarding the value of structures on the basis of Ext. P2 valuation report of the PWD authorities to the tune of Rs. 5,54,892/-

and to disburse the same along with solatium and interest, with immediate effect.

iv) To issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents disburse the amount of Rs. 5,54,892/- as valued by the PWD authorities in Ext. P2 and to pass award in respect to the said valuation along with solatium and interest."

2. When the writ petition came up for consideration

on 20.12.2023, it was submitted by Sri. E.C Kuriakose, the

learned standing counsel for the National Highway

Authority of India as well as Smt. Deepa V., the learned

Government Pleader that the entire compensation for the

structure has already been paid on 04.04.2023. The said

submission was recorded and the matter was posted

today.

In view of the submissions made by the learned

standing counsel for the NHAI as well as the learned

Government Pleader and recorded on 20.12.2023, the

writ petition is closed.

Sd/-

                            MURALI PURUSHOTHAMAN
bnu                                  JUDGE



                            APPENDIX

PETITIONER'S EXHIBITS
Exhibit P1         TRUE COPY OF THE PROCEEDINGS IN LAC
                   NO.482/2019/PATTANAKKAD/SO     796(E)/A2-
                   1566/2022 DATED 19.4.2022.
Exhibit P2         TRUE COPY OF THE RELEVANT PORTIONS OF THE

VALUATION REPORT DATED 30.5.2022, IN RESPECT TO THE STRUCTURES IN SY.41/11 OF PATTANAKKAD VILLAGE.

Exhibit P3 TRUE COPY OF THE SKETCH IN RESPECT TO THE STRUCTURE IN SY. 41/11 OF PATTANAKKAD VILLAGE.

Exhibit P4 TRUE COPY OF THE LETTER DATED 7.10.22 OF THE O/O THE 3RD RESPONDENT.