K.J.George vs National Highway Authority Of ...
2023 Latest Caselaw 10827 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO.748 OF 2023
PETITIONER:

            K.J.GEORGE, AGED 66 YEARS, S/O.K.T.JOHN
            KUNNUMPURAM, KUNNAMPALLI VELYIL, CMC 28,
            CHERTHALA P.O., ALAPPUZHA, PIN - 688524
            BY ADVS.
            S.KRISHNAMOORTHY
            SNEHA ROSE
            P.S.ARUNA


RESPONDENTS:

    1       NATIONAL HIGHWAY AUTHORITY OF INDIA
            REP. BY DY GENERAL MANAGER CUM PROJECT DIRECTOR,
            NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
            PALKULANGARA, TRIVANDRUM, PIN - 695024
    2       THE DSTRICT COLLECTOR,
            COLLECTORATE, ALAPPUZHA, PIN - 688001
    3       DEPUTY COLLECTOR (SPL), LA(NH),
            COMPETENT AUTHORITY, COLLECTORATE,
            ALAPPUZHA - 688001
    4       SPECIAL THASILDAR
            O/O SPECIAL TAHASILDAR, LANH, CHERTHALA,
            ALAPPUZHA, PIN - 688524
    5       VIILAGE OFFICER
            CHERTHALA NORTH VILLAGE, CHERTHALA,
            ALAPPUZHA, PIN - 688524
            BY ADVS.SRI.MATHEWS K.PHILIP, SC
                    SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   19.10.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.748 OF 2023                 2




                               JUDGMENT

The petitioner states that he is the owner in

possession of 2.43 Ares of land in Survey

No.225/40/A of Cherthala North Village. Out of the

said extent, 0.0027 Hectares of land was notified

for acquisition for widening the NH66. It is

submitted that though only an extent of 0.0027

Hectares of land was notified for acquisition, an

excess area of 0.322 cents was acquired and that

the petitioner was not given any compensation for

the excess land. The petitioner has preferred

Ext.P3(a) representation before the 3rd respondent

raising his grievance. The limited prayer of the

petitioner is for an expeditious consideration of

Ext.P3(a).

2. Heard the learned counsel for the

petitioner, learned Senior Government Pleader

appearing for respondents 2 to 5 and the learned

Standing Counsel appearing for the 1st respondent.

3. Sri.Mathew K.Philip, the learned Standing

Counsel appearing for the National Highway

Authority of India, submits that the petitioner

has already preferred an arbitration application

under Section 3G(5) of the National Highways Act,

1956 as evident from Ext.P5 and that only after

filing the arbitration application, the petitioner

has raised a grievance that there is excess land.

4. Sri.S.Krishnamoorthi, the learned counsel

appearing for the petitioner, submits that the

arbitration application is only in respect of the

notified land for which an award has been passed

and the grievance regarding acquisition of excess

land has to be independently considered by the 3rd

respondent.

5. The learned Senior Government Pleader, on

instructions, submits that no excess land has been

acquired from the petitioner other than that is

notified and that the petitioner has been given

compensation for the acquired land.

6. In the facts and circumstances stated above

and having regard to the submission made across

the Bar and also taking note of the limited prayer

of the petitioner for consideration of Ext.P3(a)

representation by the 3rd respondent, this writ

petition is disposed of with a direction to the 3 rd

respondent to consider the said representation and

pass appropriate orders as expeditiously as

possible, at any rate, within a period of two

months from the date of receipt of a certified

copy of this judgment, after giving an opportunity

of hearing to the petitioner. It is made clear

that this Court has not expressed any views on the

merits of the writ petition.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/19/10/2023

APPENDIX

PETITIONERS' EXHIBITS:-

EXHIBITP1 TRUE COPY OF THE TAX RECEIPT, DATED 09/6/2022 ISSUED BY THE 5TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE SKETCH PREPARED BY A RETIRED SURVEYOR MR. V.M. CHELLAPPAN IN RESPECT OF PROPERTY IN SY NO 225/40/A OF CHERTHALA NORTH VILLAGE EXHIBIT P3 TRUE COPY OF THE SECTION 3(G)(3) CLAIM BEFORE THE 2ND RESPONDENT DATED 17.9.2022 EXHIBIT P3(A) TRUE COPY OF THE REPRESENTATION DATED NIL, PREFERRED BEFORE THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS IN LAC NO.367/2020/CHERTHALA NORTH/BL0/SO4348E) DATED 27.3.2022 EXHIBIT P5 TRUE COPY OF THE SECTION 3G(5) APPEAL PREFERRED BY THE PETITIONER DATED 21.11.2022