Kerala High Court
Pathutty vs National Highways Authority Of India on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 7089 OF 2024
PETITIONERS:
PATHUTTY
AGED 83 YEARS
W/O KUNJIMOIDEEN, THEPARAMPIL,
KAIPAMANGALAM, THRISSUR DISTRICT, PIN - 680681
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENTS:
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
SMT. DEEPA NARAYANAN -SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.7089/2024 2
JUDGMENT
Dated this the 23rd day of February, 2024
Petitioner has approached this Court seeking a direction
to the third respondent to re-determine the compensation
award by considering Ext.P10 application and also for a
direction to the second respondent to consider Ext.P12
statutory application submitted by her within a reasonable
time fixed by this Court.
2. Petitioner claims to be the owner of 0.0466
hectares of land comprised in Sy.No.330/11, 0.0879 hectares
of land in Sy.No.330/11, 0.0025 hectares of land in
Sy.No.330/7 and 0.0230 hectares of land in Sy.No.330/7 of
Kaipamangalam Village, Kodungallur Taluk, Thrissur District,
for which tax has been paid as per Ext.P1.
Location/possession/non-attachment certificates were issued
by the Village Officer as per Exts.P2 and P3. The property of
the petitioner was earmarked and acquired by the first
respondent for the development of National Highway and
compensation was awarded as per Exts.P5 to P8 awards.
3. Petitioner submits that aggrieved by the amount
determined as per the award, petitioner has preferred Ext.P12
application before the arbitrator and she seeks for an
expeditious disposal of the same. Petitioner further submits
that in similar circumstances, this Court has interfered and
passed orders in the nature of Ext.P14 judgment dated
16.06.2022 in W.P.(C)No.17764 of 2022 to finalise the
proceedings within a time limit fixed by the Court.
4. Learned Government Pleader, upon instructions,
would submit that several petitions of similar nature are
pending consideration and therefore, at least one year time is
required to finalise the proceedings.
5. After hearing both sides, I am inclined to dispose of
the Writ Petition with a direction to the second respondent to
consider Ext.P12 application at the earliest, in accordance
with law, after affording an opportunity of being heard to the
petitioner, the first respondent and other affected parties and
finalise the same within an outer limit of ten months from the
date of receipt of a copy of this judgment.
Writ Petition is disposed of with the above directions.
Sd/- VIJU ABRAHAM
JUDGE
csl
APPENDIX OF WP(C) 7089/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED
16.08.2021 ISSUED BY THE REVENUE
DEPARTMENT
Exhibit P2 A TRUE COPY OF THE
LOCATION/POSSESSION/NON-ATTACHMENT
CERTIFICATE COMPRISING 0.0243 HECTORS OF
LAND IN SY.NO.330/7-1 AND 0.0688 HECTORS
OF LAND IN SY.NO. 330/11, ISSUED BY THE
VILLAGE OFFICER DATED 21/02/2022
Exhibit P3 A TRUE COPY OF THE POSSESSION AND NON-
ATTACHMENT CERTIFICATE FOR 0.0243 HECTORS
OF LAND IN SY.NO.330/7-1 AND 0.02428
HECTORS OF LAND IN SY.NO. 330/11, ISSUED
BY THE VILLAGE OFFICER DATED 11/02/2021
Exhibit P4 A TRUE COPY OF THE OWNERSHIP CERTIFICATES
DATED 23.02.2021 ISSUED BY THE
KAIPAMANGALAM GRAMA PANCHAYAT
Exhibit P5 A TRUE COPY OF THE INTIMATION CONCERNING
THE COMPENSATION AWARDED VIDE LAC NO:
C3/KPM/008440/2021 DATED 10.06.2022 ALONG
WITH THE COPY OF THE COMPENSATION AWARD
PASSED BY THE 3RD RESPONDENT UNDER S.3G
(1) OF THE NATIONAL HIGHWAY ACT, 1956, FOR
THE 0.0466 HECTARES OF ACQUIRED LAND IN
SY. NO: 330/11 BEARING NO:1/2021-
C3/KPM/008440/2021 DATED 10.06.2022
Exhibit P6 A TRUE COPY OF THE INTIMATION CONCERNING
THE COMPENSATION AWARDED VIDE LAC NO:
C3/KPM/008452/2021 DATED 10.06.2022 ALONG
WITH THE COPY OF THE COMPENSATION AWARD
PASSED BY THE 3RD RESPONDENT, UNDER S.3G
(1) OF THE NATIONAL HIGHWAY ACT, 1956, FOR
THE 0.0879 HECTARES OF ACQUIRED LAND IN
SY. NO: 330/11 BEARING NO: 1/2021 -
C3/KPM/008452/2021 DATED 10.06.2022
Exhibit P7 A TRUE COPY OF THE INTIMATION CONCERNING
THE COMPENSATION AWARDED VIDE LAC NO:
C3/KPM/009538/2021 DATED 10.06.2022 ALONG
WITH THE COPY OF THE COMPENSATION AWARD
PASSED BY THE 3RD RESPONDENT, UNDER S.3G
(1) OF THE NATIONAL HIGHWAY ACT, 1956 FOR
THE 0.0025 HECTARES OF ACQUIRED LAND IN
SY. NO: 330/7 BEARING NO: 1/2021-
C3/KPM/009538/2021 DATED 10.06.2022
Exhibit P8 A TRUE COPY OF THE INTIMATION CONCERNING
THE COMPENSATION AWARDED VIDE LAC NO:
C3/KPM/009539/2021 DATED 10.06.2022 ALONG
WITH THE COPY OF THE COMPENSATION AWARD
PASSED BY THE 3RD RESPONDENT, UNDER S.3G
(1) OF THE NATIONAL HIGHWAY ACT, 1956 FOR
THE 0.0230 HECTARES OF ACQUIRED LAND IN
SY. NO: 330/7 BEARING NO: 1/2021 -
C3/KPM/009539/2021 DATED 10.06.2022
Exhibit P9 A TRUE COPY OF THE DECREE OF OS NO.47/1983
DT. 28.02.1995
Exhibit P10 A TRUE COPY OF THE APPLICATION DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P11 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 06.11.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P12 A TRUE COPY OF THE APPLICATION DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P13 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 06.11.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P14 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) 17764/2022 DATED
16.06.2022
