Kerala High Court
Aboobacker K vs Union Of India on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11580 OF 2023
PETITIONER:
ABOOBACKER K
AGED 70 YEARS,
SAYOOJ, 253, KATALUR P.O., KOYILANDI,
KOZHIKODE DISTRICT, PIN - 673 529.
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
HELEN P.A.
SHAHIR SHOWKATH ALI
ARUN ROY
CHELSON CHEMBARATHY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI., PIN - 110 001.
2 STATE OF KERALA
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, 34/1487A,
PROVIDENCE WOMENS COLLEGE, ROAD, MALAPARAMBA,
KOZHIKODE, PIN - 673 009.
4 DISTRICT COLLECTOR AND ARBITRATOR
COLLECTORATE, KOZHIKODE, PIN - 673 101.
5 ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGHWAY SUB DIVISION, KOZHIKODE - 673 020.
BY ADV. SRI. BIMAL K NATH (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11580 OF 2023 2
JUDGMENT
Certain extent of property belonging to the petitioner is
subject matter of acquisition for the development of the old
NH-17 (New NH-66). According to the petitioner the
residential house of the petitioner is substantially affected by
the acquisition and the petitioner has a right to claim that the
entire building should be acquired. It is submitted that the
question as to whether a right akin to the right under Section
94 of the Right of Fair Compensation and Transparency in Land
Acquisition, Rehabilitation, and Resettlement Act, 2013, can
be exercised by the petitioner in respect of an acquisition
under the National Highways Act, 1956, is under consideration
of this Court in W.P.(C)No.7978/2021 which, it is submitted has
been heard finally and is reserved for judgment. The petitioner
has filed this writ petition seeking limited relief. He prays that
his request for conducting a measurement of the residential
house and a valuation of the same be considered by the
competent authority, before the house is actually demolished.
2. The learned Deputy Solicitor General of India
appearing for respondents 1 & 3 and the learned Senior
Government Pleader appearing for the respondents 2, 4 & 5
would submit that there is a status quo order in
W.P.(C)No.7978/2021 not to dispossess the petitioner and that
order is still in force.
Having heard the learned counsel appearing for the
petitioner, the learned Deputy Solicitor General of India
appearing for respondents 1 & 3 and the learned Senior
Government Pleader appearing for respondents 2, 4 & 5, this
writ petition will stand disposed of directing the competent
authority for Land Acquisition in respect of the subject
property, to depute a suitable officer to cause a measurement
and valuation of the residential building belonging to the
petitioner within a period of one month from the date receipt of
a certified copy of this judgment. After the measurement and
valuation is completed, a copy of the report shall also be given
to the petitioner.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 11580/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE
PETITIONER DATED 27.08.2020
Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED
TO THE PETITIONER DATED 17.01.2021
Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY
MOODADI GRAMA PANCHAYATH DATED 26.08.2020
Exhibit P4 THE TRUE COPY OF THE CALCULATION PROVIDED BY THE
5TH RESPONDENT DATED NIL
Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS NUMBERED AS LAC
NO.659/19/3D1 DATED 22.02.2021 ISSUED BY RESPONDENT
NO.5
Exhibit P6 THE ORDER PASSED IN WRIT PETITION (CIVIL)
NO.7978/2021 DATED 12.01.2023
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT NO.6
