Kerala High Court
Sreenarayana Darma Paripalana Yogam Br ... vs National Highway Authority Of India on 10 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 18403 OF 2024
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2024:KER:75255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 18403 OF 2024
PETITIONER:
SREENARAYANA DARMA PARIPALANA YOGAM BR 2189
REP BY ITS PRESIDENT, THOTTAPALLY P.O.,
AMBALAPPUZHA, PIN - 688561
BY ADVS.
S.KRISHNAMOORTHY
SNEHA ROSE
P.S.ARUNA
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA
REP BY PROJECT DIRECTOR, PROJECT IMPLEMENTATION
UNIT (PIU), KAKKANAD, COCHIN, PIN - 682020
2 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA, PIN - 688001
3 THE DEPUTY COLLECTOR(SPL) LA(NH)
COMPETENT AUTHORITY, COLLECTORATE,
ALAPPUZHA, PIN - 688001
4 THE SPECIAL TAHASILDAR(CALA)
O/O SPECIAL TAHASILDAR LANH,
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KALARCODE, ALAPPUZHA, PIN - 688003
5 THE ASSISTANT EXECUTIVE ENGINEER
PWD, NH SUBDIVISION, KOLLAM, PIN - 691002
BY ADVS.
LEJO JOSEPH GEORGE
E.C.KURIAKOSE(K/000467/2016)
OTHER PRESENT:
VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
This writ petition has been filed seeking the following
reliefs:-
(i) To issue a writ of Mandamus or other appropriate writ,
order or direction, directing the respondents to award
compensation for the Temple and the Idol in Re-Sy No.
68/24(68/34) of Purakkad Village before proceeding with
the acquisition.
(ii) To issue a writ of Mandamus or other appropriate writ,
order or direction, directing the 1st and 5 th respondents to
conduct a re-valuation of the Temple structure as well as
the Idol installed therein in Re-Sy No. 68/24(68/34) of
Purakkad Village, with the assistance of the 4 th respondent
and to award compensation for the same, before its
demolition.
(iii) It is humbly prayed that this Hon'ble Court may be pleased
to dispense with filing of the translation of vernacular
document
2. I have heard Sri.S.Krishnamoorthy, the learned
counsel for the petitioner, Sri. Lejo Joseph George, the learned
counsel for the 1st respondent and Smt.Vidya Kuriakose, the
learned Government Pleader.
3. As per the interim order dated 18.06.2024, the 3 rd
respondent was directed to conduct a valuation of the temple
structures as well as the idol installed therein, including the
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ornamental works. However, the said order has been set aside by
the Division Bench of this Court in W.A.No.1250 of 2024 dated
01.10.2024. Before Division Bench, it is contended by the
petitioner that valuation of the temple structure and the idol
situated therein, including ornamental work, has not been done
by the respondent authority. However, the respondent-
competent authority took a stand that the valuation was done
correctly. In the judgment of the Division Bench, it was observed
that if the petitioner herein files any proceeding before the
Arbitrator under Section 3G of the National Highways Act, 1956,
it is always open to him to rely upon his valuation of temple
structure as well as the idol situated therein, including
ornamental work, and if the Arbitrator finds that the valuation
was not carried out by the respondent authorities for these items,
to go by the valuation relied upon by the petitioner. In the result
portion of the judgment, the Division Bench made it clear that
the observation and clarification issued therein will be kept in
mind by the Arbitrator if and when the petitioner approaches the
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Arbitrator under the Act.
4. The learned counsel for the petitioner submitted that
the petitioner has already approached the Arbitrator and it is
pending as LAC No.508 of 2020.
Hence, this writ petition is disposed of with a direction to
the 2nd respondent to dispose of LAC No.508 of 2020 in
accordance with law, after hearing the parties and also keeping in
mind the observations made by the Division Bench in
W.A.No.1250 of 2024 dated 01.10.2024, within a period of eight
months from the date of receipt of a copy of this judgment.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
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APPENDIX OF WP(C) 18403/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
3/2/2023
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 4/2/2023
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTIONS OF
THE VALUATION REPORT DATED 25.10.2023
EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS OF THE
TEMPLE AND IDOL
EXHIBIT P5 TRUE COPY OF AN ESTIMATE PREFERRED BY A
PRIVATE AGENCY FOR THE IDOL ALONE
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
15/5/2024
EXHIBIT P7 TRUE COPY OF THE VALUATION REPORT DATED
27.8.2022
RESPONDENT ANNEXURES
ANNEXURE R3(A) TRUE COPY OF THE PROCEEDINGS NO.
508/2020/SO 4348(E)/A4/3255/2024 DATED
25.03.2024.
ANEXURE R3(B) TRUE COPY OF THE REPORT DATED 19.07.2024
SUBMITTED BY THE EXPERT SCULPTOR
ANNEXURE R3(C) TRUE COPY OF THE VALUATION REPORT OF THE
STRUCTURE DATED 25.10.2023
