Abu P M vs National Highways Authority Of ...
2023 Latest Caselaw 6104 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        WP(C) NO. 18740 OF 2023
PETITIONER/S:

            ABU P M, AGED 68 YEARS
            S/O MUHAMMAD, PUZHANKARAYILLATHU HOUSE,KAIPAMANGALAM P
            O ,THRISSUR, PIN - 680681
            BY ADVS.
            V.N.HARIDAS
            SAIFUDEEN T.S
            PARVATHY S.R.


RESPONDENT/S:

    1       NATIONAL HIGHWAYS AUTHORITY OF INDIA
            REPRESENTED BY ITS PROJECT DIRECTOR,
            PROJECT IMPLEMENTATION UNIT, VII/511B NEYTHELI-
            MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD P.O, ERNAKULAM,
            PIN - 682030
    2       THE COMPETENT ARBITRATOR
            DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION KALYAN
            NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
    3       COMPETENT AUTHORITY FOR LAND ACQUISITION
            DEPUTY COLLECTOR,NH-17,KUTTIPPURAM-EDAPPALLY,
            KODUNGALLOR,THRISSUR, PIN - 680003
            SRI. LIJO JOSEPH GEORGE -SC



            SMT. DEEPA V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  WP(C) NO. 18740 OF 2023                 2



                                   JUDGMENT

Petitioner has approached this Court, seeking a limited

relief. He prays that an application filed by them before the 2 nd

respondent under the provisions of Section 3G(5) of the National

Highway Act, 1956 be considered and disposed of, after

affording an opportunity of hearing to the petitioner, within a

time frame to be fixed by this Court.

2. Heard the learned Standing Counsel appearing for the

1st respondent and the learned Senior Government Pleader

appearing for respondent Nos.2 and 3.

3. Having regard to the facts and circumstances of the

case and considering the limited nature of relief sought for by the

petitioner, the writ petition will stand disposed of, directing the

2nd respondent to consider and pass orders on Ext.P1, in

accordance with law, and after affording an opportunity of

hearing to the petitioner, within a period of ten months from the

date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.,JUDGE ajt

APPENDIX OF WP(C) 18740/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 08.07.2021 ISSUED BY THE REVENUE DEPARTMENT Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE AND NON LIABILITY CERTIFICATE DATED 14.07.2021 ISSUED BY THE KAIPAMANGALAM VILLAGE. Exhibit P3 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 06.07.2021 ISSUED BY THE KAIPAMANGALAM GRAMA PANCHAYAT Exhibit P4 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 21/12/21 LAC NO C3/KPM/010286/2021 Exhibit P5 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 21/12/21 LAC NO C3/KPM/009710/2021 Exhibit P6 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 21/12/21 LAC NO C3/KPM/010287/2021 Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 28.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 02.07.2022 ISSUED BY THE 2ND RESPONDENT