Riyas M. R vs National Highways Authority Of ...
2023 Latest Caselaw 3185 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                              WP(C) NO. 10002 OF 2023
PETITIONER:

                  RIYAS M. R
                  AGED 30 YEARS
                  MULAMPARAMBIL HOUSE, PERINJANAM P O, THRISSUR, PIN -
                  680686

                  BY ADVS.
                  V.N.HARIDAS
                  SAIFUDEEN T.S
                  PARVATHY S.R.



RESPONDENTS:

       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 SPECIAL DEPUTY
                  COLLECTOR
                  NH-17, KUTTIPPURAM-EDAPPALLY, KODUNGALLOR, THRISSUR .,
                  PIN - 680003


OTHER PRESENT:

                  SRI. LEJO JOSEPH GEORGE (SC FOR NHAI),

                  SRI. BIMAL K NATH (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.10002/2023                  2

                                   JUDGMENT

The petitioner has approached this court seeking an expeditious

consideration of Ext.P5 which is an application filed by the petitioner before

the Arbitrator under Section 3G (5) of the National Highways Act, 1956.

Having regard to the facts and circumstances of the case and

considering similar orders issued by this court, this writ petition will stand

disposed of directing the 2nd respondent to consider Ext.P5 in accordance

with law and after affording an opportunity of hearing to the petitioner and

all affected parties within a period of one year from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE

acd

APPENDIX OF WP(C) 10002/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 11.04.2022 ISSUED BY THE REVENUE DEPARTMENT

Exhibit P2 THE PETITIONER ALL ALONG WITH PAID PROPERTY TAX FOR THE BUILDING. ONE OF THE POSSESSION CERTIFICATES DATED 15.09.2020 ISSUED BY THE PERINJANAM VILLAGE OFFICE

Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF OWNERSHIP OF THE BUILDING 9 DATED 06.02.2021 ISSUED BY THE PERINJANAM GRAMA PANCHAYAT

Exhibit P4 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT,1956 DATED 16.12.2021 NO: 3/2021-LAC NO D3/PNM/004076/2021

Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 22.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2NDRESPONDENT

Exhibit P6 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 02.07.2022 ISSUED BY THE 2ND RESPONDENT