Kerala High Court
Bajeena @ Vajeena vs National Highways Authority Of India ... on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 4565 OF 2024
PETITIONER:
BAJEENA @ VAJEENA,AGED 44 YEARS,MATTARAKKAL KOTTOTH
HOUSE, IRINGATTIRI P.O KARUVARAKUNDU, PIN - 676523
BY ADVS.
ROSE MICHAEL
C.P.WILSON
MICHAEL PAUL CHITTINAPPILLY
RESPONDENTS:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS
PROJECT DIRECTOR
PROJECT IMPLIMENTATION UNIT - KOCHI ,VII/511B, NEITHELI
-MAVELIPURAM ROAD ,MAVELIPURAM , KAKKANAD, PIN - 682030
2 COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR (L.A.)
N.H-966
CIVIL STATION, MALAPPURAM, PIN - 676505
3 SPECIAL TAHSILDAR L.A. (N.H.966 GREEN FIELD )
UNIT 3, MANJERI,MALAPPURAM, PIN - 676505
4 THE DISTRICT COLLECTOR MALAPPURAM
UP HILL CIVIL STATION P.O ,MALAPPURAM, PIN - 676505
5 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF
ROAD, TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN , 1, PARLIAMENT STREET, NEW DELHI, PIN
- 110001
BY ADV Jagadeesh Lakshman
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.4565 of 2024 2
VIJU ABRAHAM,J
-------------------
W.P.(C).No.4565 of 2024
----------------------------------
Dated this the 4th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a
direction to the 2nd respondent to pass an award in
respect of the property under acquisition.
2. Petitioner claims to be the owner in absolute
possession of properties having an extent of 29.21
Ares and 30.51 Ares of land in Re-Survey Nos.45/1-
10, 46/3-4 in Block No.153 of Karuvarakund
Village, Nilambur Taluk, obtained as per Ext.P1
Purchase Certificate. A portion of the said land
covered by Ext.P1 was acquired for the development
of Palakkad-Kozhikode (Greenfield Highway) NH-966.
Pursuant to the direction issued relevant
documents were produced before the authority, as
is evident from Exts.P5,P6 and P7 receipts and
Ext.P8 Form C application was also submitted by
the petitioner. The grievance raised by the
petitioner is that no award has been passed till
date.
3. A statement has been filed by the 4 th
respondent wherein it is stated that various
disputes in respect of the property, are pending
before the Civil Court and in the said
circumstance compensation was deferred vide
proceedings dated 14.2.2024 and that the action
will be taken to refer the case to the decision
of Principal Civil Court of original jurisdiction
as provided in Section 3H(4) of National Highway
Act.
4. Petitioner submits that in similar cases this
Court has interfered as in WP(C) No. 3003 of 2024.
5. After hearing both sides, I am of the view
that the 2nd respondent is bound to finalize the
proceedings and refer the matter before the
competent court for adjudication and to deposit
the award amount before the court, so that the
parties can adjudicate their claim there.
In view of the same, there will be direction to
the 2nd respondent to finalize the proceedings for
passing the award within an outer limit of 2
months from the date of receipt of a copy of the
judgment, after affording an opportunity of being
heard to the petitioner.
The writ petition is disposed of as above.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 4565/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE PURCHASE
CERTIFICATE DATED 24-04-1978 IN PATTA
NO. 266/1978 ISSUED BY THE LAND TRIBUNAL
VANDOOR III TO THE PETITIONER
Exhibit P2 A TRUE PHOTOCOPY OF THE POSSESSION AND
NON-ATTACHMENT CERTIFICATE DATED 04-04-
2023 ISSUED BY THE VILLAGE OFFICER,
KARUVARAKUND TO THE PETITIONER
Exhibit P3 A TRUE PHOTOCOPY OF THE TAX RECEIPT
NO.KL10050809074/2023 DATED 30-10-2023
ISSUED BY THE LAND REVENUE DEPARTMENT TO
THE PETITIONER
Exhibit P4 A TRUE PHOTOCOPY OF THE ONE AND SAME
CERTIFICATE DATED 16-08-2023 ATTESTED BY
A GAZETTED OFFICER, KARUVARAKUND
Exhibit P5 A TRUE PHOTOCOPY THE RECEIPT NO. 4193
DATED 23-08-2023 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
Exhibit P6 A TRUE PHOTOCOPY THE RECEIPT NO. 4193
DATED 28-10-2023 ISSUED BY THE3RD
RESPONDENT
Exhibit P7 A TRUE PHOTOCOPY THE RECEIPT NO. 4193
DATED 08-11-2023 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
Exhibit P8 A TRUE PHOTOCOPY OF THE CONSENT LETTER
DATED 18 -06 - 2023 SUBMITTED BY THE
PETITIONER IN FORM C
