Kerala High Court
K.J Davis vs The Project Director on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18388 OF 2024
PETITIONER:
K.J DAVIS AGED 65 YEARS S/O. JOSEPH, KURIAPPILLY
HOUSE, KANDAKARNA VELI, KIZHAKKEPRAM KARA,
KOTTUVALLY VILLAGE, PARAVUR TALUK ERNAKULAM, PIN -
683519
BY ADVS. V.RAJENDRAN (PERUMBAVOOR) N.RAJESH GOPAKUMAR
P. ANAINA VARGHESE
RESPONDENTS:
1 THE PROJECT DIRECTOR THE PROJECT DIRECTOR NATIONAL
HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION
UNIT KOCHI -VII/511-B, NAITHELI MAVELIPURAM ROAD,
KAKKANAD ERNAKULAM, PIN - 682030
2 THE DISTRICT COLLECTOR AND STATUTORY AUTHORITY
COLLECTORATE CIVIL STATION, KAKKANAD ERNAKULAM, PIN
- 682030
3 THE COMPETENT AUTHORITY AND SPECIAL TAHSILDAR (LA)
N.H 66 UNIT ERNAKULAM, NORTH PARAVUR, ERNAKULAM,
PIN - 683513
BY SR.GP -DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 18388 of 2024 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 18388 of 2024
============================
Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction to
the 2nd respondent to re-determine the compensation awarded by
the 3rd respondent to the petitioner in Ext.P1 award by duly
considering his contentions in Ext.P4 petition including the one
regarding the actual extent of property acquired from the petitioner,
within a time limit to be fixed by this Court.
2. The petitioner's property was acquired as part of
development of National Highway No.66, and Ext.P1 award was
passed on 26.04.2022. Aggreived by the same, petitioner has
preferred Ext.P4 petition before the 2 nd respondent arbitrator. Along
with the same, Ext.P5 interim application was also filed for
appointment of a Commissioner to assess the strength, stability and
replenishment value of the portion of the building after the
demolition. The petitioner seeks for an expeditious disposal of
Exts.P4 and P5.
3. Heard the learned Government Pleader who upon
instructions submits that atleast 10 months time is required to
finalize the proceedings on Ext.P4.
4. After hearing both sides, I am inclined to dispose of the
writ petition with a direction to the 2 nd respondent to take up Ext.P4
petition and dispose of the same in accordance with law within an
outer limit of 10 months from the date of receipt of copy of this
judgment after affording an opportunity of being heard to the
petitioner and other affected parties. As regards Ext.P5 petition for
appointment of a Commissioner, it is ordered that before finalizing
the proceedings as per Ext.P4, orders shall be passed on Ext.P5. The
petitioner will be free to submit his notes of argument before the 2 nd
respondent, the contentions of which shall also be duly considered
by the 2nd respondent while taking a decision on Ext.P4.
With the above said direction, this writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 18388/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD NO.295/2021/KTY-2105/2022
DATED 26.04.2022 PASSED BY THE 3RD RESPONDENT
Exhibit P2 THE PETITIONER IS HEREBY PRODUCING TRUE PHOTOGRAPHS
OF THE RESIDENTIAL BUILDING BELONGING TO HIM BEFORE
AND AFTER ITS DEMOLITION.
Exhibit P3 TRUE COPY OF THE OBJECTION DATED 09.06.2022
SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE PETITION DATED 07.02.2023
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE PETITION DATED 07.02.2023
SUBMITTED BY THE PETITIONER FOR APPOINTING A
COMMISSIONER.
Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.A3-07/2024 DATED
25.03.2024 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
