Safiya B.A vs The Project Director
2023 Latest Caselaw 11816 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(C) NO. 37931 OF 2023
PETITIONER:

          SAFIYA B.A.
          AGED 63 YEARS
          W/O. ABDULKHADER B., NADEERA MANZIL,
          CHATTANCHAL, THEKKIL VILLAGE & P.O.,
          KASARAGOD TALUK & DISTRICT - 671541

          BY ADVS.
          PUSHPARAJAN KODOTH
          K.JAYESH MOHANKUMAR
          VANDANA MENON
          VIMAL VIJAY



RESPONDENTS:

    1     THE PROJECT DIRECTOR
          NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          H NO. XXIII/752, NEAR CSI CHURCH,
          MISSION COMPOUND, MELACOVVA,
          KANNUR DISTRICT, KERALA., PIN - 670006

    2     THE DISTRICT COLLECTOR, KASARAGOD & ARBITRATOR
          NATIONAL HIGHWAY AUTHORITY OF INDIA,
          KASARAGOD., PIN - 671121

    3     SPECIAL DEPUTY COLLECTOR
          LAND ACQUISITION (NH), KASARAGOD & COMPETENT
          AUTHORITY., PIN - 671121

    4     THE SPECIAL TAHSILDAR
          LAND ACQUISITION (NH), UNIT - 1,
          KASARAGOD,, PIN - 671121
          R GP ADV.DEEPA V.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37931 OF 2023      : 2 :



                      JUDGMENT

Aggrieved by Ext.P1 award passed by the 3rd

respondent determining the compensation in respect of

a property acquired from the petitioner comprised in

re-survey No.265/11 (R.S.No.265/6 old) of Thekkil

Village,Kasargod Taluk, she has filed Ext.P2 arbitration

application before the 2nd respondent/ Arbitrator

invoking the provisions under Section 3G(5) of the

National Highways Act, 1956 (hereinafter referred to

as 'the Act' for short). The grievance of the petitioner is

that, though the application was filed as early as on

19.02.2023, so far, it is not disposed of. The petitioner

states that she is a senior citizen and the delay in

disposal of the arbitration application is causing undue

hardships to her.

2. Heard the learned counsel for the petitioner,

the learned Standing Counsel appearing for the NHAI

and the learned Government Pleader.

3. In the facts and circumstances of the case and

having considered the submissions made across the

Bar, there will be a direction to the 2 nd respondent to

consider and dispose of Ext.P2 arbitration application,

as expeditiously as possible, at any rate, within a period

of eight months from the date of receipt of a copy of

this judgment, after hearing the petitioner and the

NHAI.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 03.01.2023 PASSED BY THE 3RD RESPONDENT IN LAC NO.218/THEKKIL VILLAGE.

Exhibit P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND RESPONDENT DATED 19.02.2023.

Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT WITH REGARD TO EX.P2 DATED 23.02.2023.