Kerala High Court
Vinodkumar vs Solly Antony on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
CON.CASE(C) NO. 1380 OF 2021
AGAINST THE JUDGMENT IN WA 1442/2019 OF HIGH COURT OF KERALA
PETITIONER:
VINODKUMAR
AGED 54 YEARS, S/O.LATE CHANDRASEKHARAN PILLAI,
CHANDRA VILLA, VANIYAKKADU, MANNAM PO,
NORTH PARAVOOR - 683 520, ERNAKULAM DISTRICT.
BY ADVS.
K.G.BALASUBRAMANIAN
AMBILY (PREMKUMAR)
RESPONDENT:
1 SOLLY ANTONY
AGED ABOUT 54, SPECIAL DEPUTY COLLECTOR, SLAO AND
COMPETENT AUTHORITY, NHDP, THRISSUR - 680 020.
2 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, PALAKKAD.
ADDL. R2 IMPLEADED AS PER ORDER DATED 05.10.2021 IN
COC 1380/2021.
BY ADVS.
K P HARISH SR GP
MAULIK NANAVATI G.
SANTHOSH MATHEW
ARUN THOMAS
ANIL SEBASTIAN PULICKEL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
C.O.(C)No.1380 of 2021
2
JUDGMENT
Dated this the 30th day of March, 2023
S. Manikumar, C.J.
On 05.10.2021, we passed the following order:
"Contending inter alia that the judgment in Writ
Appeal No.1442 of 2019 dated 18.2.2020 has not been
implemented in its letter and spirit, instant contempt
petition is filed.
2. On 9th September, 2021, we ordered thus:
"ORDER
On the basis of proceedings of the Special
Deputy Collector, SLAO & Competent Authority, NHDP,
Thrissur, Mr. K.P. Harish, learned Senior Government
Pleader submitted that as per the directions of this
Court, in W.A. No1442 of 2019 dated 18.2.2020,
amount to be paid towards solatium and interest has
been worked out and accordingly orders issued.
2. He further submitted that the said
proceedings dated 2.9.2021 will be communicated to
the National Highway Authority of India for effecting
payment. He further added that the amount is to be
sanctioned by the NHAI and payment to be made. Thus
there is compliance of judgment in W.A. No.1442 of
2019.
3. However, Mr. K.G.Balasubramanian, learned
counsel for the petitioner submitted that he has not
received the proceedings dated 2.9.2021.
Post on 13.9.2021."
C.O.(C)No.1380 of 2021
3. Special Government Pleader has filed a memo
dated 7th September, 2021 stating that orders have been
issued, computing the Solatium and Interest to be
payable, as per the judgment in Writ Appeal No.1442 of
2019 dated 18.2.2020.
4. Memo is also to the effect that the National
Highway Authority of India has been informed about the
computation and no sooner the fund is allotted, the same
would be disbursed to the contempt petitioner.
5. On this day, when the matter came up for
hearing, on information from the office of the learned
Government Pleader that Contempt Court (C) No.1380 of
2021 is listed, Mr.Anil Sebastain, representing
Mr.Mauliknanavathy, learned counsel for the Project
Director, National Highway Authority of India, Palakkad,
submitted that he would secure the entire cause papers
viz., Writ Petition/Writ Appeal & Contempt Petition and
accordingly, get instructions from National Highway
Authority of India, Palakkad.
6. In exercise of the powers conferred under Article
226 of the Constitution of India, we implead the Project
Director, National Highway Authority of India, Palakkad
to assist this Court. Registry is directed to make
necessary amendments to the cause title. Registry is
further directed to show the name of
Mr.Mauliknanavathy, as counsel for the Project Director,
National Highway Authority of India, Palakkad in the
cause list."
C.O.(C)No.1380 of 2021
2. Responding to the above, along with a memo dated
02.12.2021, proceedings of the Special Deputy Collector,
SLAO & Competent Authority, NHDP, Thrissur in Order No.
LAC-582/06 dated 16.11.2021 has been filed by the learned
Senior Government Pleader. Reading of which shows that an
additional award has been passed, by which, enhancement of
the land value has already been granted by the Arbitrator and
District Collector, Ernakulam.
3. For brevity, proceedings dated 16.11.2021 is
reproduced:
"Proceedings of the Special Deputy Collector, SLAO &
Competent Authority, NHDP, Thrissur
(Present Sudha PR)
Sub: LA - LA - NHDP - Kerala state -Ernakulam Dist -Aluva
Taluk - 4 laning of NH 47 - Mannuthy to Aluva section -
National Highways Act 1956- rectification in dates - reg.
Ref: 1 Judgment in WP(C) 23194/07 dated 18.09.2018 of
Hon'ble High Court of Kerala
2. Proceedings of the Special Deputy Collector (Smt
Solly Antony) SLAO & Competent Authority.
3. E-mail letter from Smt Solly Antony dated
02.09.2021.
4. Letter No. LAC 582/06 dated 02.09.2021 to NHAI
C.O.(C)No.1380 of 2021
Palakkad.
5. Proceeding No. LAC 582/06 dated 02.09.2021 of
Special Deputy Collector LA NHDP, Thrissur
6. Application of Sri. Vinodkumar dated.02.11 2021.
ORDER NO LAC-582/06 DATED 16.11.2021
As per 3A notification bearing No. SO 19(E) dated
04.01.2005 and 3D notification bearing No. SO 5(E) dated
03.01.2006, an extent of 1034M² land comprised in survey
25/44/136 of Aluva West Village, Aluva Taluk owned by Sri
VinodKumar & Smt Radhamani Amma, Chandravila,
Thottakkatukkara were acquired for widening of NH 47
lying in Ernakulam District.
For determining the land value, all sale deeds
executed within 3 years immediately prior to the 3A
notification, in respect of similar and similarly situated
lands, within a radius of 5KM of the land under acquisition
falls in the jurisdiction of Sub Registrar Alvua were
verified. While determining the land value the location, lie,
junction and commercial importance were considered.
1) Land value for 1034 Square metre : Rs. 60,80,954/-
@ Rs.588100/- per Are
2) Value of structures as valued by the : Rs. 6,39,031/-
Valuer approved by NHAI 1015/-
3) Value of improvements : Rs. 1015/-
------------------------
TOTAL : Rs. 67,21,000/-
=============
4) 10% users right under section 3G(2) of NH : Rs. 6,72,100/-
Act
------------------------
GRAND TOTAL : Rs. 73,93,100/-
=============
C.O.(C)No.1380 of 2021
As per reference (5) cited a proceedings was initiated on
02.09.2021. But in this proceedings the award number was
erroneously recorded as 27/09 instead of 27/2007 and the
same is being corrected as below.
Sri Vinod kumar and Smt Radamani Amma filed an
Arbitration petition before the Arbitrator & District
Collector, Ernakulam and passed an award vide No 27/2007
dated 21.02.2011. They received Rs.4,17,485/- each as
enhancement and interest. Also as per additional awards
vide no 27/2007 dated, 26.06.2019 an enhancement 20%
on land value and 40% increase on structure value
amounting to Rs. 14,71,803/- was sanctioned by the
Arbitrator & District Collector, Ernakulam. And as per
additional award no 27/2009 dated 09.06.2020 interest
under section 3H(5) of NH Act @ 9% was sanctioned
amounting to Rs. 16,55,597/-.
Sd/-
Special Deputy Collector"
4. Though Mr. K.G. Balasubramanian, learned counsel for
the petitioner, submitted that proceedings of the District
Collector dated 16.11.2021 does not contain the details as to
how the abovesaid amounts have been computed, we are of
the view that if the petitioner so desires, the same can be
obtained from the said authority, in the manner known to law.
5. We make it clear that the petitioner is at liberty to
C.O.(C)No.1380 of 2021
approach the competent authority/forum, for enhancement
of compensation in accordance with law.
Directions of this court have been substantially complied
with and, therefore, the contempt petition is closed.
Pending interlocutory applications, if any, shall stand
closed.
Sd/-
S. Manikumar
Chief Justice
Sd/-
Shaji P. Chaly
Judge
vpv
C.O.(C)No.1380 of 2021
APPENDIX OF CON.CASE(C) 1380/2021
PETITIONER ANNEXURES
Annexure 1 COPY OF JUDGMENT DATED 18.2.2020 IN WA
1442/2019.
Annexure 2 TRUE COPY OF ORDER NO.582/06 DATED
12/11/2020 ISSUED BY THE RESPONDENT.
Annexure 3 TRANSLATION OF ANNEXURE 2.
Annexure IV TRUE TEXT OF WP(C) 23194/2007.
RESPONDENTS' ANNEXURES
Annexure R2-(1) TRUE COPY OF ARBITRAL AWARD DATED
21.02.2011 PASSED IN ARBITRATION CASE
NO.27 OF 2007.
Annexure R2-(2) TRUE COPY OF ORDER DATED 24.11.2015
PASSED BY CIVIL COURT IN AOP NO.21 OF
2011.
Annexure R2-(3) TRUE COPY OF ARBITRAL AWARDS DATED
26.06.2019 & 9.06.2020 PASSED IN
ARBITRATION CASE NO.27/2007.
Annexure R2-(4) TRUE COPY OF JUDGMENT DATED 18.09.2018
PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT APPEAL (CIVIL) NO.23194 OF 2007.
Annexure R2-(5) TRUE COPY OF JUDGMENT DATED 29.05.2019
PASSED BY LEARNED SINGLE JUDGE OF THIS
HON'BLE COURT IN WRIT PETITION (CIVIL)
NO.10597 OF 2019.
Annexure R2-(6) TRUE COPY OF ORDER DATED 30.07.2021
PASSED BY HON'BLE SUPREME COURT OF INDIA
IN MISCELLANEOUS APPLICATION DAIRY
NO.2572 OF 2020.
//TRUE COPY//
P.A. TO JUDGE
