Noorjahan vs Special Deputy Collector & ...
2023 Latest Caselaw 2026 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       WP(C) NO. 37211 OF 2022
PETITIONER:

            NOORJAHAN
            AGED 57 YEARS
            W/O LATE NAJEEB PEETIKAPARAMBIL HOUSE KAYAMKULAM,
            HARIPPAD ALAPPUZHA, PIN - 690516

            BY ADVS.
            R.ROHITH
            HARISHMA P. THAMPI


RESPONDENTS:

    1       SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY FOR LAND
            ACQUISITION
            LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY CIVIL
            STATION ALAPPUZHA, PIN - 688001

    2       SPECIAL TAHSILDAR
            LAND ACQUISITION, NATIONAL HIGHWAY KAYAMKULAM, HARIPPAD
            ALAPPUZHA, PIN - 690516

    3       VILLAGE OFFICER
            KAYAMKULAM VILLAGE, PUTHIYIDAM, KAYAMKULAM ALAPPUZHA,
            PIN - 690502

    4       BINSIYA
            D/O NAJEEB PEETIKAPARAMBIL HOUSE KAYAMKULAM, HARIPPAD
            ALAPPUZHA, PIN - 690516

    5       ADDL R5. NATIONAL HIGHWAY AUTHORITY OF INDIA ,
            REP BY DEPUTY GENERAL MANAGER CUM PROJECT DIRECTOR,
            NO.36/414 (III), NEAR NSS HIGHER SECONDARY SCHOOL,
            PALKULANGARA, TRIVANDRUM. (ADDL R5. IMPLEADED AS PER
            ORDER DATED 09-01-2023 IN IA 01/2023 INWP(C) NO.
            37211/2022)

            BY ADV R.ROHITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.37211/2022                    -2-

                                 JUDGMENT

The petitioner has approached this court being aggrieved by the fact that the

amount of compensation to be paid by the National Highway Authority of India

(NHAI) in respect of the property acquired by the petitioner through Ext.P1 sale

deed is being claimed by the 4th respondent who is none other than the daughter of

the petitioner. It is submitted that the 4 th respondent is claiming the compensation

amount merely on the strength of of a document which evidences that the 4 th

respondent's name is entered in the revenue records as owner of the property for

the purpose of payment of basic tax.

2. The learned counsel for the petitioner submits that there has been no

transactions in respect of the property after the execution of Ext.P1 sale deed in

favour of the petitioner and therefore merely on account of the fact that the basic

tax is being remitted by the 4 th respondent, the 4th respondent cannot claim that she

is entitled to the compensation payable by the NHAI. The learned counsel submits

that Ext.P4 representation has been preferred before the 2 nd respondent who is the

competent authority and direction may be issued to the 2 nd respondent to consider

Ext.P4 after affording to the petitioner an opportunity of being heard.

3. The learned counsel for the NHAI would submit that if there is a

dispute regarding the person entitled to claim compensation, the compensation

amount will have to be deposited in the District Court in terms of Section 3 H (4) of

the National Highways Act and that court will have to determine as to who is

entitled to the payment of compensation. However, he submits that the competent

authority can consider Ext.P4 and can also examine as to whether there has been

any subsequent transaction in respect of the property covered by Ext.P1 to

determine who is entitled to payment of compensation.

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

counsel for the NHAI and the learned Government Pleader appearing for the

competent authority (2nd respondent), this writ petition will stand disposed of

directing the 2nd respondent to consider and pass orders on Ext.P4 after affording

an opportunity of hearing to the petitioner and the 4 th respondent, within a period

of 2 months from the date of receipt of a certified copy of this judgment. Till such

time as orders are passed in Ext.P4, any amount of compensation fixed for the land

in question shall not be disbursed.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 37211/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.540 OF THE YEAR 1984 REGISTERED BEFORE KAYAMKULAM SRO

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 27.05.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY OF THE DETAILED VALUATION STATEMENT IN THE NAME OF THE PETITIONER

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 10/11/2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT