Radhamani. P vs The Union Of India
2023 Latest Caselaw 4228 Ker

                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. 11528 OF 2023
PETITIONER/S:

          RADHAMANI. P, AGED 61 YEARS
          W/O. CHANDANKUNHI, RESIDING AT RAMA NIVAS, PADUVALAM,
          PILICODE (P.O), KASARAGOD DISTRICT., PIN - 671310
          BY ADVS.
          JAWAHAR JOSE
          CISSY MATHEWS
          SAFEER BAWA A.S.


RESPONDENT/S:

    1     THE UNION OF INDIA
          REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD
          TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT
          STREET, NEW DELHI., PIN - 110001
    2     NATIONAL HIGHWAYS AUTHORITY OF INDIA
          REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR-10,
          DWARAKA, NEW DELHI., PIN - 110075
    3     THE REGIONAL OFFICER,NATIONAL HIGHWAYS AUTHORITY OF
          INDIA, AMBILY ARCADE, PETTA (P.O),
          THIRUVANANTHAPURAM., PIN - 695024
    4     THE PROJECT DIRECTOR (IMPLEMENTATION UNIT)
          NATIONAL HIGHWAYS AUTHORITY OF INDIA, VAISHNAVAM,
          BEHIND POPULAR VEHICLE MARUTHI SHOWROOM, CIVIL STATION
          (P.O), KOZHIKODE., PIN - 673020
    5     THE SPECIAL DEPUTY COLLECTOR (LA-NH)
          OFFICE OF THE LAND ACQUISITION OF NATIONAL HIGHWAYS,
          ANANGOOR, KASARAGOD., PIN - 671123
          SRI. S. MANU, DSGI
          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. 11528 OF 2023              2



                               JUDGMENT

Petitioner has approached this Court, being aggrieved by

the fact that after passing Ext.P1 award under Section 3G of the

National Highways Act, 1956, yet another proceedings (Ext.P5)

has been issued on 17.01.2023, determining that an excess

amount of Rs.2,62,785/- (Rupees Two lakhs sixty two thousand

seven hundred and eighty five only) has been paid to the

petitioner in terms of Ext.P1 award and requiring the petitioner

to repay the amount forthwith.

2. Learned counsel appearing for the petitioner would

submit that though there is total absence of power to pass

Ext.P5 proceedings, the petitioner is not standing on any

technicality and only seeks some time to repay the amount of

Rs.2,62,785/- in instalments.

3. Learned Deputy Solicitor General of India appearing

for respondent Nos.1 to 4 and the learned Senior Government

Pleader appearing for the 5th respondent seek time to get

instructions.

4. However, I am of the opinion that in view of the

limited nature of the relief sought for by the petitioner in the

writ petition, this writ petition need not be adjourned to enable

the learned counsel appearing for the respondents to obtain

instructions. The request made by the petitioner for graning

permission to repay the amount in instalments seems to be

reasonable, considering the facts pleaded in the writ petition,

including the matters set out only in ground (E) of the writ

petition.

5. Accordingly, this writ petition will stand disposed of,

petitioner is permitted to repay the amount determined as paid

in excess in terms of Ext.P5 in fifteen equal monthly instalments

commencing from 17.04.2023. The subsequent instalments shall

be paid on or before the 17th day of each of the succeeding

months. The question as to whether the competent authority

can pass a fresh award is left open for consideration, in an

appropriate case.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 11528/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PROCEEDINGS/ORDER DATED 24-

12-2018 OF THE 5 THE RESPONDENT ISSUED UNDER SECTION 3G OF THE NATIONAL HIGHWAYS ACT. Exhibit-P2 TRUE COPY OF THE NOTICE DATED 19-12-2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit-P3 TRUE COPY OF THE REPLY DATED 21-12-2022 SUBMITTED BY THE PETITIONER TO EXHIBIT-P2. Exhibit-P4 TRUE COPY OF THE NOTICE DATED 22-12-2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit-P5 TRUE COPY OF THE PROCEEDINGS/ORDER DATED 17-

1-2013 OF THE 5 THE RESPONDENT ISSUED UNDER SECTION 3G OF THE NATIONAL HIGHWAYS ACT. Exhibit-P6 TRUE COPY OF THE NOTICE DATED 14-3-2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit-P7 TRUE COPY OF THE TITLE DOCUMENT OF THE PETITIONER DATED 23-3-1989.

Exhibit-P8 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED NIL ISSUED FROM THE PARIYARAM MEDICAL COLLEGE SAHAKARANA HRUDAYALA Exhibit-P9 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S HUSBAND DATED NIL ISSUED FROM THE MANGALORE INSTITUTE OF ONCOLOGY. Exhibit-P10 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND.