Abdulrahim.P.M vs National Highways Authority Of ...
2023 Latest Caselaw 3902 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 10220 OF 2023
PETITIONER:

          ABDULRAHIM.P.M
          AGED 57 YEARS
          S/O MUHAMMEDALI PANIKKASSERY HOUSE, VAZHIYAMBALAM,
          KAIPAMANGALAM,THRISSUR, PIN - 680681

          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., SRI BIMAL K NATH SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10220/2023                     -2-

                                  JUDGMENT

The petitioner has approached this court seeking an expeditious

consideration of Ext.P8, which is an application filed by the petitioner before the

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

2. 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.P8 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

AMG

APPENDIX OF WP(C) 10220/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 09.08.2021 ISSUED BY THE DEPARTMENT

Exhibit P2 TRUE COPY OF THE CERTIFICATE OF OWNERSHIP OF THE BUILDING 16.02.2022 ISSUED BY THE KODUNGALLOR THALUK

Exhibit P3 TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 14.03.2022 NO: 1/2021- LAC NO C3/KPM/008518/2021

Exhibit P4 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 14.03.2022 NO: 1/2021- LAC NO C3/KPM/009330/2021

Exhibit P5 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 14.03.2022 NO: 1/2021- LAC NO C3/KPM/009337/2021

Exhibit P6 A TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 14.03.2022 NO: 2/2021- LAC NO C3/KPM/009338/2021

Exhibit P7 TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT, 1956 DATED 14.03.2022 NO: 1/2021- LAC NO C3/KPM/009329/2021

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 27.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 02.07.2022 ISSUED BY THE 2ND RESPONDENT