Kerala High Court
Union Of India vs Hussain Mundasserry on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:81614
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
RP NO. 1107 OF 2024
AGAINST THE JUDGMENT DATED 13.08.2024 IN
WP(C) NO.18416 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/ RESPONDENTS 2 & 3:
1 UNION OF INDIA,
REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET,
NEW DELHI, PIN - 110001
2 THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS PROJECT DIRECTOR, PIU,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.8/1187,
ARUMUGHAM COLONY, CHANDRA NAGAR, PALAKKAD
DISTRICT, PIN - 678007
BY ADV.
SRI. T. C. KRISHNA, SCGC
RESPONDENTS/ PETITIONER & RESPONDENTS 1, 4 & 5:
1 HUSSAIN MUNDASSERRY
AGED 67 YEARS
S/O.BEERAN HAJI, MUNDASSERY HOUSE,
POOKKIPARAMBA, P.O.VALAKKULAM,
MALAPPURAM DISTRICT, PIN - 676508
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RP NOS.1107/2024 & 1097/2024
2
2 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA,
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT (ROADS),
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
OFFICE OF THE DEPUTY COLLECTOR (LA) NH(66),
KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503
4 DISTRICT COLLECTOR
MALAPPURAM CIVIL STATION, MALAPPURAM,
PIN - 676505
BY ADVS.
SRI. B.S.SYAMANTHAK - GOVERNMENT PLEADER
SRI. K. K. SAIDALAVI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.11.2024, ALONG WITH RP.1097/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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RP NOS.1107/2024 & 1097/2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
RP NO. 1097 OF 2024
AGAINST THE JUDGMENT DATED 13.08.2024 IN
WP(C) NO.10985 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/ RESPONDENTS 2 & 3 IN WP(C):
1 UNION OF INDIA
REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET,
NEW DELHI, PIN - 110001
2 THE PROJECT DIRECTOR
THE NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NO. 8/1187, ARUMUGHAM COLONY, CHANDRA NAGAR,
PALAKKAD DISTRICT, PIN - 678007
BY ADV.
SRI. T. C. KRISHNA, SCGC
RESPONDENTS/ PETITIONER & RESPONDENTS 1, 4 & 5 IN WP(C):
1 HUSSAIN MUNDASSERRY
AGED 67 YEARS
S/O BEERAN HARI, MUNDASSERY HOUSE,
POOKKIPARAMBA, P.O. VALAKKULAM,
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RP NOS.1107/2024 & 1097/2024
4
MALAPPURAM DISTRICT, PIN - 676508
2 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT (ROADS)
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DEPUTY COLECTOR AND COMPETENT AUTHORITY
OFFICE OF THE DEPUTY COLLECTOR (LA) NH-66,
KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503
4 DISTRICT COLLECTOR
MALAPPURAM CIVIL STATION,
MALAPPURAM, PIN - 676505
BY ADS.
SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER
SRI. K. K. SAIDALAVI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.11.2024, ALONG WITH RP.1107/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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RP NOS.1107/2024 & 1097/2024
5
ORDER
[ RP Nos.1107/2024 & 1097/2024 ]
These Review Petitions have been filed challenging the
common judgment passed by this Court in W. P.(C) Nos.
18416/2024 and 10985/2023.
2. W.P.(C) No.10985/2023 was filed challenging Ext.P5
modified award passed by the 4th respondent / CALA and
also for a direction to release the entire compensation
amount fixed for the landed property of the petitioner
therein. W P.(C) No.18416/2024 was filed to give a direction
to the 4th respondent to release the amount of
compensation. This Court after hearing both sides, set aside
Exts.P5 modified award passed by the 4th respondent/ CALA
on the ground that CALA after passing the award has
become functus officio and cannot thereafter modify the
award. A further direction was given to the 4 th respondent to
disburse the entire compensation amount fixed for the
landed property to the petitioner.
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3. The arbitration application filed by the writ
petitioner to enhance the compensation originally awarded
was pending before the Arbitrator. Now along with the
Review Petitions, the review petitioner has produced
Annexure 1 order of the Arbitrator which shows that
Arbitrator had passed an award even before this Court
disposed of the above Writ Petitions. As per Annexure 1
award, it was found that the writ petitioner is not eligible for
additional compensation as prayed for. However, it was
found that the amount to be recovered from the writ
petitioner as found in Ext.P5 modified award which was set
aside by this Court should be deducted from the award
amount and balance amount alone shall be disbursed to the
writ petitioner. One of the ground sought to review the
judgment is that the judgment was passed without noticing
Annexure 1 award passed by the Arbitrator. It is further
alleged in the Review Petitions that the Project Director
NHAI, Kochi is the concerned officer dealing with the
acquisition proceedings in question, whereas the writ
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RP NOS.1107/2024 & 1097/2024
petitioner has impleaded the Project Director NHAI,
Palakkad.
4. I have heard Sri. T. C. Krishna, the learned DSGI in
charge for the review petitioners, Sri. K. K. Saidalavi, the
learned counsel for the 1st respondent and the learned
Government Pleader.
5. Annexure 1 award has been passed by the
Arbitrator based on Ext.P5 modified award which was
already set aside by this Court. The arbitration was initiated
by the claimant / 1st respondent / petitioner. The National
Highway did not challenge the original award. In an
arbitration proceedings initiated by the claimant, the
Arbitrator has no authority to reduce the compensation
amount. However, it is up to the review petitioners to
challenge Annexure 1 award, in accordance with law. This
Court directed to disburse compensation in the original
award. Since the compensation awarded as per the original
award was not challenged by the review petitioners, the
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direction given by this Court in the impugned judgment to
disburse the compensation cannot be reviewed for the
reason that Annexure 1 award has been passed by the
Arbitrator. So far as the second contention is concerned, the
National Highway did not raise a plea in the Writ Petitions
that the proper authority is not the Project Director,
Palakkad but the Project Director, Kochi. Hence, I find no
reason to review the judgment. The right of both parties to
challenge Annexure 1 award in accordance with law is
reserved.
These Review Petitions are dismissed with the above
observations.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
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RP NOS.1107/2024 & 1097/2024
PETITIONERS' ANNEXURES
Annexure 1 A TRUE COPY OF THE AWARD OF THE
ARBITRATOR DATED 11.06.2024
RESPONDENTS' ANNEXURES: NIL
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PETITIONERS' ANNEXURES
Annexure I A TRUE COPY OF THE AWARD OF THE
ARBITRATOR DATED 11.06.2024
RESPONDENTS' ANNEXURES: NIL
