Muhammed Ali vs The District Collector
2024 Latest Caselaw 18967 Ker

Citation : 2024 Latest Caselaw 18967 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Muhammed Ali vs The District Collector on 28 June, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
              Friday, the 28th day of June 2024 / 7th Ashadha, 1946
                           WP(C) NO. 17742 OF 2024 (P)
PETITIONER:

     MUHAMMED ALI, AGED 51 YEARS, S/O. MUHAMMED, KIZHAKKETHIL HOUSE,
     THOZHUVANOOR P.O., VALANCHERY, MALAPPURAM, PIN - 675552

RESPONDENTS:

  1. THE DISTRICT COLLECTOR, COLLECTORATE, UPHILL, MALAPPURAM, PIN -
     676504
  2. THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND
     ACQUISITION (NH), COLLECTORATE, MALAPPURAM, PIN - 676504
  3. SPECIAL TAHSILDAR, LA (NH) UNIT 2, OFFICE OF THE SPECIAL TAHSILDAR,
     VALAKKULAM P.O., MALAPPURAM, PIN - 676508
  4. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
     & HIGHWAYS TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI, PIN -
     110001
  5. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511B,
     NEITHELI - MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAND, ERNAKULAM
     DISTRICT, PIN - 682030
  6. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, LOTUS (H)
     34/1487A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAPARAMBA, KOZHIKODE,
     KERALA, PIN - 673009


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 and 4 to acquire the entire building
bearing No. 32/365 situated on Sy.No. 192/3 of Kattipparuthi village of
Tirur Taluk of Malappuram District and pay compensation to the petitioner,
provisionally, pending disposal of the above writ petition(c).


     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.LATHEESH SEBASTIAN, Advocate for the petitioner, GOVERNMENT PLEADER
for R1 to R3, DEPUTY SOLICITOR GENERAL OF INDIA for R4 to R6, the court
passed the following:
                                VIJU ABRAHAM,J
                           --------------------
                          W.P(C).No.17742 of 2024
                     --------------------------------
                   Dated this the 28th day of June, 2024

                                              ORDER

The claim raised by the petitioner is for

consideration of the application filed under

Section 94 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 based on the judgment

in Sudheer Kumar V.V. vs. National Highway

Authority of India and Others (2024 KHC online

259).

The learned DSGI in-charge submits that

challenging the said judgment appeals have been

filed and is coming up for consideration on 10 th

July, 2024.