Kerala High Court
Celine Augustine vs District Collector, Ernakulam ... on 6 September, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
ARB.A NO. 2 OF 2016 :1: 2024:KER:67829
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
ARB.A NO. 2 OF 2016
(AGAINST THE IMPUGNED ORDER DATED 21.10.2015 IN OP(ARB.) NO.52 OF
2011 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR)
APPELLANT/PETITIONER:
CELINE AUGUSTINE
AGED 75 YEARS
W/O.AUGUSTINE, THETTAYIL HOUSE, CHURCH NAGAR, HOUSE NO.157,
ANGAMALY - REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MARTIN AUGUSTINE, THETTAYIL HOUSE, CHURCH NAGAR, HOUSE
NO.42, ANGAMALY.
BY ADV SRI.P.SHAIJAN JOSEPH
RESPONDENTS/RESPONDENTS:
1 DISTRICT COLLECTOR, ERNAKULAM (ARBITRATOR)
ERNAKULAM (ARBITRATOR), CIVIL STATION, KAKKANAD,
ERNAKULAM-682030.
2 DEPUTY COLLECTOR
SLAO & COMPETENT AUTHORITY, NHDP, THRISSUR-4.
3 PROJECT DIRECTOR
NHAI, PALAKKAD-678101.
BY ADVS.
GOVERNMENT PLEADER SMT.RESMITHA RAMACHANDRAN
SRI.E.C.KURIAKOSE
THIS ARBITRATION APPEALS HAVING BEEN FINALLY HEARD ON 06.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
Pursuant to our last order dated 08.08.2024 an affidavit dated
27.08.2024 is seen filed by the 3rd respondent wherein it is stated as
follows:
"3. It is submitted that as per Interim Order dated
19.01.2022 in Arb.Appeal 2/2016 this Hon'ble Court was
pleased to direct the Regional Officer, National Highway
Authority of India, Regional Office, Thiruvananthapuram to
file an Affidavit indicating whether the instant Appeal could
be settled by paying solatium at the rate of 30% as provided
for in the Land Acquisition Act, l 984 on the market value of
the lands as assessed by the Arbitrator in the arbitral award,
and interest as per the decision of the Apex Court in Union
of India v. Tarsem Singh, (2019) 9 SCC 304 with effect from
the date of the said decision, viz, 19.09.2019, towards the
full and final settlement of the claims of the appellants in the
appeals.
4. In this regard it is submitted that NHAI has filed an
application before the Hon'ble Supreme Court of India in the
case of Union of India & Ors. vs. Tarsem Singh (Civil Appeal
No.7064 of 2019) seeking a clarification that the ratio of the
judgment delivered by the Hon'ble Court in Civil Appeal No.
7064 of 2019 and cognate matters (Union of India & Anr. Vs.
Tarsem Singh) dated 19.09.2019 shall operate prospectively
in all pending cases and would not be applicable to cases
which stood concluded prior to 19.09.2019. The said
application, along with several other petitions involving
similar issue, are presently pending adjudication before the
Hon'ble Supreme Court.
ARB.A NO. 2 OF 2016 :3: 2024:KER:67829
5. It is further submitted that the NHAI has taken a
stand before the Hon'ble Supreme Court that it is ready to
pay :
(i) Solatium with interest from the date of judgment
of the Hon'ble Supreme Court, that is 19.09.2019, in
all cases which have been instituted prior to
19.09.2019 within the period of limitation
prescribed for challenging the amount of
compensation determined by the Competent
Authority under sub-section (l) of Section 3G of the
National Highways Act and are presently pending
before the District Court / High Court / Supreme
Court, subject to payment of interest till 31.08.2024
irrespective of the date of actual disposal by the
District Court / High Court / Supreme Court; and
(ii) Solatium with interest for a period of 06 months
/ I year in all other cases which have been filed
beyond the period of limitation prescribed for
challenging the amount of compensation
determined by the Competent Authority under sub-
section (1) of Section 3G of the National Highways
Act or where have writ proceedings have been
taken out after 19.09.2019 seeking benefit of the
decision of this Hon'ble Court, subject to a
direction that no new petition shall be entertained
by the Hon'ble High Courts beyond 31.12.2024.
6. The facts of the case have been examined and it is
found that the present proceedings have been initiated within
the prescribed period of limitation. Therefore, NHAI agrees to
give the benefit of payment of solatium on the market value of
land as determined in the arbitral award dated 21.02.2011
and interest calculated from 19.09.2019 up to 31.08.2024 to
the Appellant subject to the following conditions-
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a) The Appellant shall accept the Arbitral Award
and not lay any further challenge to the market
value of land upon receipt of benefits of solatium
and interest calculated up to 3l.08.2024 in terms of
the decision in the case of Tarsem Singh Judgment;
b) The Appellant shall not take out any further
proceeding seeking enhanced amount of
compensation under any other head or on any
other ground."
The learned counsel for the appellant submits that he is agreeable
to the offer made by the 3rd respondent to give the benefit of payment of
solatium on the market value of the land as determined in the arbitral
award dated 21.02.2011 and interest calculated from 19.09.2019 up to
31.08.2024 to the appellant subject to the condition mentioned in
paragraph 6 of the affidavit filed by the 3 rd respondent referred above.
Taking note of the said submission of the learned counsel for the appellant,
accepting the offer of the 3rd respondent, this Arbitration appeal is now
closed recording the above facts. The respondents shall effect the payment
envisaged to the appellant within a period of one month from the date of
receipt of a copy of this judgment.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
mns
