Abdul Khader vs National Highways Authority Of ...
2023 Latest Caselaw 4230 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. 11605 OF 2023
PETITIONER/S:

          ABDUL KHADER
          AGED 74 YEARS
          S/O KM KHADER KOTTAYIPARAMBIL HOUSE, YOOSAF ROAD
          PERINTANAM P O THRISSUR, PIN - 680686
          BY ADVS.
          V.N.HARIDAS
          SAIFUDEEN T.S
          PARVATHY S.R.


RESPONDENT/S:

    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



          SRI. LEJO JOSEPH GEORGE (SC FOR NHAI),
           SMT. C S SHEEJA (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. 11605 OF 2023                 2

                                   JUDGMENT

Petitioner has approached this Court, seeking a limited

relief. He prays that an application filed by him before the 2 nd

respondent under the provisions of Section 3G(5) of the National

Highway Act, 1956 will be considered and disposed of, after

affording an opportunity of hearing to the petitioner, within a

time frame fixed by this Court.

2. Heard the learned Standing Counsel appearing for the

1st respondent and the learned Senior Government Pleader

appearing for respondent Nos.2 and 3.

3. Having regard to the facts and circumstances of the

case and considering the limited nature of relief sought for by the

petitioner, the writ petition will stand disposed of, directing the

2nd respondent to consider and pass orders on Ext.P4, in

accordance with law, and after affording an opportunity of

hearing to the petitioner, within a period of ten months from the

date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

sd/-

GOPINATH P.,JUDGE ajt

APPENDIX OF WP(C) 11605/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF OWNERSHIP OF THE BUILDING DATED 12.07.2021 BEARING BUILDING NO:608 IN WARD 4 ISSUED BY MATHILAKAM GRAM PANCHAYAT Exhibit P2 TRUE COPY OF THE CERTIFICATE OR OWNERSHIP OF THE BUILDING DATED 12.07.2021 BEARING BUILDING NO:609 IN WARD 4 ISSUED BY THE MATHILAKAM GRAM PANCHAYAT Exhibit P3 TRUE COPY OF THE COMPENSATION AWARD ISSUED UNDER S.3G (1) OF THE NATIONAL HIGHWAY ACT,1956 DATED 20.12.2021 NO: 1/2021-LAC NO E3/PAP/002903/2021 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 21.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 02.07.2022 ISSUED BY THE 2ND RESPONDENT