Kerala High Court
Fathima vs Union Of India on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 8594 OF 2023
PETITIONERS:
1 FATHIMA
AGED 61 YEARS
W/O LATE MUHAMMEDUNNI ELAYADATH PUTHANVEETIL AKALAD P O THRISSUR -
680518, PIN - 680518
2 FAIZAL
AGED 43 YEARS
S/O LATE MUHAMMEDUNNI ELAYADATH PUTHANVEETIL AKALAD P O THRISSUR -
680518., PIN - 680518
3 FOUSIYA NISAR
AGED 39 YEARS
D/O LATE MUHAMMEDUNNI ELAYADATH PUTHANVEETIL AKALAD P O THRISSUR -
680518, PIN - 680518
4 FASEELA ANEER
AGED 36 YEARS
D/O LATE MUHAMMEDUNNI ELAYADATH PUTHANVEETIL AKALAD P O THRISSUR -
680518, PIN - 680518
5 FAHAD
AGED 33 YEARS
S/O LATE MUHAMMEDUNNI ELAYADATH PUTHANVEETIL AKALAD P O THRISSUR -
680518, PIN - 680518
BY ADVS.
ASADU AHMMED CHULLINTE
MEHNA IBRAHIM
SACHIN RAMESH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI -
110001., PIN - 110001
2 THE DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY
ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT
BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI
110001., PIN - 110001
3 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR
10, SOUTH WEST DELHI P.O., NEW DELHI - 110075., PIN - 110075
4 THE CHAIRMAN
, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), G-5 & 6, SECTOR 10,
DWARAKA, SOUTH WEST DELHI P.O.,NEW DELHI - 110075., PIN - 110075
5 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT
W.P. (C) No. 8594 of 2023
..2..
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695 001., PIN -
695001
6 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA,PROJECT IMPLEMENTATION
UNIT- KOCHI, VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM,
KAKKANAD, KERALA 682030., PIN - 682030
7 THE SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT AUTHORITY
OFFICE OF NH 17, (KUTTIPPURAM - EDAPPALLY), KODUNGALLOR P.O.,
THRISSUR - 680 664., PIN - 680664
8 THE DISTRICT COLLECTOR, THRISSUR
COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR - 680003., PIN
- 680003
9 THE ASSISTANT EXECUTIVE ENGINEER
NH SUB DIVISION, CHAVAKKAD, OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, FRIENDSHIP NAGAR, GURUVAYUR, CHAVAKKAD, THRISSUR-
680506, PIN - 680506
BY ADV MANU S. DSG OF INDIA
OTHER PRESENT:
SRI. BIMAL K NATH (SR GP). SRI. S MANU (DSGI)
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 13.03.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 8594 of 2023
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JUDGMENT
The petitioners have approached this court with the
grievance that the commercial building of the petitioners which
is subject matter of the acquisition. Proceedings has not been
properly valued for the purposes of determining the
compensation payable to the petitioners. The award in question
was issued on 18.02.2022 and the petitioners are already before
the Arbitrator under Section 3-G(5) of the National Highways
Act, 1956. The petitioners have also filed Ext.P5 application
under Section 17 of the Arbitration and Conciliation Act (as
made applicable to proceedings under the National Highways
Act) seeking an inspection of the building before it is
completely demolished.
2. The learned counsel appearing for the petitioners states
that if the building is completely demolished, the petitioners
will not be in a position to establish that the present valuation in
W.P. (C) No. 8594 of 2023
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respect of the building is incorrect.
3. Heard the learned DSGI appearing for respondents 1 to 4
and 6 and the learned Senior Government Pleader appearing for
respondents 5,7, 8, and 9.
4. Having regard to the fact that the petitioners have filed
Ext.P5 application before the 8th respondent seeking an
inspection of the building before the building is completely
demolished for the purposes of establishing that the valuation
adopted by the competent authority is incorrect and considering
the submissions of the learned counsel appearing for the
petitioners that if the building is completely demolished, the
petitioners will not be in a position to establish that the
valuation is incorrect, I deem it appropriate to dispose of this
Writ Petition directing the 8th respondent to consider and pass
orders on Ext.P5 application by appointing a suitable officer to
cause the inspection of the building. This shall be done within a
W.P. (C) No. 8594 of 2023
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period of ten days from the date of receipt of a certified copy of
this judgment. Till such time, as the inspection is completed on
the orders of the 8th respondent, the status quo as on today shall
be maintained.
The Writ Petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
RMV
W.P. (C) No. 8594 of 2023
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APPENDIX OF WP(C) 8594/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD IN 2/2021-D4/PUN/004996/2021
DATED 18.02.2022 ISSUED BY THE 7TH RESPONDENT TO THE
PETITIONERS
Exhibit P2 TRUE COPY OF THE VALUATION REPORT NO:
SCD/NH66/VS/TSR/P NR 003 DATED 20.01.2021 ISSUE BY
THE 7TH RESPONDENT
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS SHOWING IT AS A FRAMED
STRUCTURE
Exhibit P4 TRUE COPY OF THE ARBITRATION CLAIM NO:E6 484337/23
DATED 27.01.2023 FILED BEFORE THE 8TH THE RESPONDENT
BY THE PETITIONERS
Exhibit P5 TRUE COPY OF INTERLOCUTORY APPLICATION SECTION 17 OF
ARBITRATION AND CONCILIATION ACT,1996 NO : E6
501741/23 DATED 1.3.2023 FILED BEFORE THE 8TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)30175 OF
2022 DATED 26.9.2022 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 11.2.2023 IN
30/2023 IN LAC -4832 /2021 ISSUED BY THE 8TH
RESPONDENT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
