Vijayan D vs 1. The District Collector And ...
2023 Latest Caselaw 12433 Ker

Kerala High Court

Vijayan D vs 1. The District Collector And ... on 22 November, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA,1945
                     WP(C) NO. 23735 OF 2023
PETITIONER:

           VIJAYAN D.
           AGED 69 YEARS
           S/O. DAMODARAN, PEEDIKAPPARAMBU HOUSE,
           POONJALA, PUTAKKAD P. O.,
           ALAPPUZHA DISTRICT, PIN - 688 561.

           BY ADVS.
           JOHN K. GEORGE
           M.A.PRABHU


RESPONDENTS:

     1     THE DISTRICT COLLECTOR AND ARBITRATOR (N H),
           CIVIL STATION, ALAPPUZHA DISTRICT,
           PIN - 688 001.
     2     THE SPECIAL DEPUTY COLLECTOR
           LA NH & COMPETENT AUTHORITY FOR LAND ACQUISITION,
           CIVIL STATION, ALAPPUZHA DISTRICT,
           PIN - 688 001.
     3     THE ASSISTANT EXECUTIVE ENGINEER
           NATIONAL HIGHWAY, ALAPPUZHA.

           SMT. DEEPA NARAYANAN - SR. GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.11.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.23735 OF 2023

                                 2



                            JUDGMENT

An extent of 3 Ares 24 Sq. Mtr. of dry land in Re-

Survey No.238/8 of Purakkad Village with a residential

building thereon has been acquired from the

possession of the petitioner for widening of NH-66.

The 2nd respondent, the competent authority, has

passed Ext.P1 award determining the compensation.

2. The learned counsel for the petitioner submits

that Ext.P1 award has been passed without reference

to Ext.P2 valuation report. The petitioner has,

therefore, preferred Ext.P3 representation before the

1st respondent, the Arbitrator. The prayer of the

petitioner is for an expeditious consideration of Ext.P3

by the 1st respondent.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

4. In the facts and circumstances of the case, WP(C).No.23735 OF 2023

there will be a direction to the 1 st respondent to treat

Ext.P3 as an arbitration application under Section 3(G)

(5) of the National Highways Act, 1956 and pass

appropriate orders thereon in accordance with law, as

expeditiously as possible, at any rate, within a period

of one year from the date of receipt of a copy of this

judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.23735 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE AWARD NO. AC NO.

420/2020/PURAKKAD/BL19/S.O. 796 (E) A4- 1031/2021 DATED 12/01/2022 RECEIVED BY THE PETITIONER UNDER RTI ACT. EXHIBIT P2 A TRUE COPY OF THE VALUATION REPORT DATED 03/01/2022 SUBMITTED BY THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 21/06/2022.

RESPONDENTS EXHIBITS: NIL.