Kerala High Court
M.C.Jacob vs Union Of India on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 37077 OF 2022
PETITIONERS:
1 M.C.JACOB
AGED 52 YEARS
S/O.CHERIYAN, MURIKKUMMOOTTIL HOUSE, CHIRACKADAVAM
KAYAMKULAM P.O., ALAPPUZHA-690572.
2 M.C.DANIEL,
AGED 55 YEARS, S/O.CHERIYAN, MURIKKUMMOOTTIL HOUSE,
CHIRACKADAVAM, KAYAMKULAM P.O., ALAPPUZHA-690572.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA,
CENTRAL DELHI P.O., NEW DELHI-110001.
2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
CENTRAL DELHI P.O., NEW DELHI-110001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI-110075.
4 CHAIRMAN,
NHAI, G-5 & 6, SECTOR-10, DWARAKA,
SOUTH WEST DELHI P.O., NEW DELHI-110075.
5 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION KOCHI, VII/511 B,
NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM,
WP(C) NO.37077/2022 2
KAKKANAD, KERALA 682030.
6 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR AND COMPETENT
AUTHORITY,
LAND ACQUISITION, NHAI, COLLECTORATE,
ALAPPUZHA COLLECTORATE P.O., PIN-688001.
8 DISTRICT COLLECTOR,
ALAPPUZHA, BESIDE ZILLA PACHAYATH OFFICE,
CIVIL STATION WARD P.O., ALAPPUZHA-688001.
9 ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGHWAY SUB- DIVISION,
ALAPPUZHA P.O., PIN -688 001.
BY ADV MANU S., DSG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.37077/2022 3
JUDGMENT
Dated this the 29th day of February, 2024
Petitioners have approached this Court seeking a
direction to the seventh respondent to settle due
supplementary award in favour of the petitioners based on
Ext.P3 valuation report and to disburse or deposit the amounts
entitled by the petitioners.
2. Respondents 1 to 5 have filed a counter affidavit,
wherein paragraph 5 states as follows:
"5.Accordingly, NHAI has deposited funds vide
order No.12764/RO-Kerala-Kottukulangara -
Start of Kollam Bypass/LA3G Award/
Kayamkulam/1639 dtd.15.10.2022. As such an
amount of Rs.16,60,854/- (Rupees Sixteen Lakh
Sixty Thousand Eight Hundred and Fifty Four
only) has been sanctioned vide this office LAC
proceedings A3-2485/2022 dated 23.11.2022. A
cheque bearing No.13261 dated 25.11.2022 for
Rs.16,60,854/- has been issued for transfer
crediting the amount to the bank account of the
petitioner."
3. Learned Government Pleader, upon instructions,
submitted that for the structures, supplementary award has
been passed on 23.11.2022.
In view of the same, Writ Petition is closed reserving
the right of the petitioners to challenge the award, if
aggrieved.
Sd/-VIJU ABRAHAM
JUDGE
csl
APPENDIX OF WP(C) 37077/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF PROPERTY TAX RECEIPT
NO.01/121020111117 DATED 30.09.2021
ISSUED TO THE 2ND PETITIONER.
Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NO.KL
04040909795/2021 DATED 12.10.2021
ISSUED IN THE NAME OF 2ND PETITIONER.
Exhibit P3 TRUE COPY OF VALUATION REPORT IN REF
NO.KKG/ALP/KARTHIKAPALLY/KAYAMKULAM/3
DATED 24.03.2022.
Exhibit P4 TRUE SECTION 3G AWARD IN LAC
NO.2253/2019(B)/KAYAMKULAM/S.O.4348(E
)/A3-759/2022 DATED 31.03.2022 ISSUED
TO 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.32774 OF 2022 DATED 7.11.2022.
