Kerala High Court
Sukhalal N.P vs National Highways Authority Of ... on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 19844 OF 2023
PETITIONER:
SUKHALAL N.P,
AGED 53 YEARS
S/O PURUSHOTHAMAN, NIKARTHIL, CMC 35,CHERTHALA P.O.,
ALAPPUZHA - 688 524.
BY ADVS.
S.KRISHNAMOORTHY
SNEHA ROSE
P.S.ARUNA
RESPONDENTS:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP BY DY GENERAL MANAGER CUM PROJECT DIRECTOR,
NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
PALKULANGARA, TRIVANDRUM, PIN - 695 024.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA, PIN - 688 001.
3 DEPUTY COLLECTOR(SPL)
LA(NH), COMPETENT AUTHORITY COLLECTORATE,
ALAPPUZHA - 688 001.
4 SPECIAL TAHASILDAR,
O/O SPECIAL TAHASILDAR LANH, CHERTHALA,
ALAPPUZHA - 688 524.
5 VILLAGE OFFICER,
CHERTHALA NORTH VILLAGE, CHERTHALA,ALAPPUZHA - 688 524.
SMT. DEEPA. V, G.P,
SRI.B.G BIDAN CHANDRAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19844 OF 2023
2
JUDGMENT
The petitioner is the son of late Purushothaman. According to
the petitioner, late Purushothaman was the owner of an extent of 1.12
Ares of land in Sy No.122/2-2 of Cherthala North Village. According
to the petitioner, though the document of title shows only an extent
of 1.12 Ares, the late father of the petitioner was actually in
possession of 1.75 Ares. The petitioner claims that though the land
acquisition proceedings were initiated in respect of lands in Sy
No.122/1-5 (as per notification) factually it is the property of the
petitioner that has been acquired. According to the petitioner,
though the land of the petitioner has been completely acquired for
the purpose of development of National Highway - 66, in the
notification for acquisition of land, the Survey number was wrongly
mentioned as Sy.No.122/1-5 instead of Sy.No.122/2-2. It is the
submission of the learned counsel for the petitioner that despite
producing all documents proving the claim of the petitioner and
other legal heirs of late Purushothaman to the land acquisition
compensation, the competent authority has not sanctioned the land
acquisition compensation citing the difference in the survey number
and in the extent. The leaned counsel submits that the petitioner will
WP(C) NO. 19844 OF 2023
be satisfied if the land acquisition compensation in respect of 1.12
Ares of land is released as per the document of title. It is submitted
that the mentioning of the survey number Sy.No.122/1-5 in the land
acquisition notification can only be a mistake.
2. The learned Government Pleader, on instructions, would
submit that the land acquisition compensation was not released to
the petitioner owing to the mistake in the survey number and the
dispute regarding the extent. However, it is not disputed that in
almost identical situations pursuant to directions issued by this
Court, land acquisition compensation has been released after
obtaining an undertaking that if any rival claim is made and it is
found that the said claimant is entitled to compensation, the person
who obtained the compensation will be required to refund the same.
3. The learned counsel appearing for the petitioner submits
that the petitioner will produce a legal heirship certificate before the
competent authority and shall also execute undertakings by each of
the legal heirs of late Purushothaman undertaking to refund the
amount received as compensation if there are any rival claimants at
any later point of time. It is submitted that if the petitioner and
other legal heirs of late Purushothaman do not get the compensation
released, they will be put to great prejudice as their entire residential
WP(C) NO. 19844 OF 2023
premises have already been acquired.
4. Having heard the learned counsel for the petitioner and
the learned Government Pleader and taking into account orders
passed by this Court in almost similar circumstances [Exts.P6(a) and
P6(b)], this writ petition will stand disposed of in the following
manner:-
i) The petitioner shall produce legal heirship certificate of late
Purushothaman before the competent authority. The amount of
compensation for 1.12 Ares of land shall be released to those found
entitled in terms of the legal heirship certificate, after obtaining a
suitable undertaking from them undertaking to refund the amounts
if any rival claim arises at some later point of time.
ii) The competent authority shall ensure that suitable endorsements
are made in the documents of title so as to ensure that the petitioner
does not claim any other land as being his in terms of the description
of the survey number in the title document and in the Revenue
Records. It is made clear that the entire amount of compensation
received by the petitioner and the other legal heirs will be liable to be
recovered if it were to be found that the land acquisition
compensation for the land which is subject matter of this writ
WP(C) NO. 19844 OF 2023
petition is actually payable to any third party.
iii) The competent authority shall endeavour to complete the
proceedings, within a period of one month from date on which the
legal heirship certificate and the affidavits of undertaking are
produced before him.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 19844 OF 2023
APPENDIX OF WP(C) 19844/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
2.06.2022
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE
NOTIFICATION ISSUED UNDER SECTION 3 D OF
THE NH ACT PUBLISHED IN MATHRUBHOOMI
DAILY DATED 25/6/2022
Exhibit P3 TRUE COPY OF THE RELEVANT PORTIONS OF
THE LAND REVENUE RECORDS BELONGING TO
THE PETITIONER'S PROPERTY
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED UNDER
SECTION 3(E)(1) OF THE NH ACT
Exhibit P5 TRUE COPY OF THE LETTER DATED 10/4/2023
ISSUED BY THE 4TH RESPONDENT
Exhibit P6(a) TRUE COPY OF THE ORDER DATED 1/9/2022 IN
WRIT PETITION NO. 24339/2022 OF THIS
HON'BLE COURT
Exhibit P6(b) TRUE COPY OF THE ORDER DATED 4/11/2022
IN WRIT PETITION NO. 31739/2022 OF THIS
HON'BLE COURT
