P. Satheesh Kumar vs National Highways Authority Of India
2024 Latest Caselaw 28156 Ker

Kerala High Court

P. Satheesh Kumar vs National Highways Authority Of India on 24 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.33256/2024

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                                               2024:KER:70855
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                        WP(C) NO. 33256 OF 2024

PETITIONERS:

    1      P. SATHEESH KUMAR
           AGED 63 YEARS
           S/O.LATE PADMAKARAN, RESIDING AT: PADMALAYAM,
           SRPM P.O, THAZHAVA VILLAGE, KARUNGAPPALLY TALUK,
           KOLLAM DISTRICT REPRESENTED BY HIS POWER OF
           ATTORNEY HOLDER MR.UDAYA RAJAN, AGED 64, S/O.LATE
           SREEDHARAN, RESIDING AT : MOHANA VILASAM
           BUNGALOW, THODIYOOR NORTH P.O, KOLLAM DISTRICT,
           PIN - 690523

    2      AJITHA SATHEESH KUMAR (AJITHA)
           AGED 57 YEARS
           RESIDING AT: PADMALAYAM, SRPM P.O, THAZHAVA
           VILLAGE, KARUNGAPPALLY TALUK, KOLLAM REPRESENTED
           BY HIS POWER OF ATTORNEY HOLDER MR.UDAYA RAJAN,
           AGED 64, S/O.LATE SREEDHARAN, RESIDING AT :
           MOHANA VILASAM BUNGALOW, THODIYOOR NORTH P.O,
           KOLLAM DISTRICT, PIN - 690523


           BY ADVS.
           V.PHILIP MATHEWS
           ASHISH MATHEW JOHN




RESPONDENTS:

    1      NATIONAL HIGHWAYS AUTHORITY OF INDIA
           REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR -
           10, DWARAKA, SOUTH WEST DELHI P.O., NEW DELHI,
           PIN - 110075

    2      PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF
           INDIA, PROJECT IMPLEMENTATION UNIT, TC 36/414(5),
           KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA P.O.,
           THIRUVANANTHAPURAM, PIN - 695024
 W.P.(C).No.33256/2024

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                                                      2024:KER:70855

    3        UNION OF INDIA
             REPRESENTED BY SECRETARY MINISTRY OF ROAD
             TRANSPORT & HIGHWAYS TRANSPORT BHAWAN, 1,
             PARLIAMENT STREET NEW DELHI, PIN - 110001

    4        STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    5        THE ARBITRATOR (DISTRICT COLLECTOR)
             (APPOINTED UNDER THE NATIONAL HIGHWAY ACT, 1956),
             COLLECTORATE CIVIL STATION ROAD, CIVIL STATION
             POST,KOLLAM, PIN - 691013

    6        SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION)
             NATIONAL HIGHWAY AND COMPETENT AUTHORITY,
             COLLECTORATE, CIVIL STATION ROAD, CIVIL STATION
             P.O., KOLLAM, PIN - 691013


             SRI.B.S.Syamanthak, GP,
             Sri.T. C. Krishna


      THIS    WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   24.09.2024,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.33256/2024

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                                                   2024:KER:70855


                           JUDGMENT

The properties of the petitioners were acquired for the

development of NH-66 and Exts. P1 to P4 awards were passed

by the 6th respondent granting compensation. Dissatisfied with

Exts.P1 to P4 awards, the petitioners preferred Exts.P5 to P8

arbitration applications before the 5th respondent as early as in

the year 2022, which are still pending. The limited prayer in this

writ petition is to give a direction to the 5 th respondent to

dispose of Exts. P5 to P8 expeditiously.

Having heard the learned counsel for the petitioners,

the learned DSGI as well as the learned Government Pleader,

this writ petition is disposed of with a direction to the 5 th

respondent to dispose of Exts.P5 to P8 in accordance with law,

after hearing the petitioners, within a period of six months from

the date of receipt of a copy of this judgment. The challenge

made in this writ petition regarding the competence of the 5 th

respondent is left open.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:70855 APPENDIX OF WP(C) 33256/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF FILE NUMBER A1-1833/2022, AWARD NUMBER KNPY 0268 DATED 28-02-2022 PASSED BY THE SIXTH RESPONDENT AWARDING COMPENSATION OF RS.25,440,189/- TO THE FIRST PETITIONER

Exhibit P2 TRUE COPY OF FILE NUMBER A1-1832/2022, AWARD NUMBER KNPY 0269 DATED 28-02-2022 PASSED BY THE SIXTH RESPONDENT AWARDING COMPENSATION OF RS.15,48,689/- TO THE FIRST PETITIONER

Exhibit P3 TRUE COPY OF FILE NUMBER A1-1829/2022, AWARD NUMBER KNPY 0270 DATED 28-02-2022 PASSED BY THE SIXTH RESPONDENT AWARDING COMPENSATION OF RS.42,55,280/- TO THE FIRST PETITIONER

Exhibit P4 TRUE COPY OF FILE NUMBER A1-1927/2022, AWARD NUMBER KNPY 0271 DATED 28-02-2022 PASSED BY THE SIXTH RESPONDENT AWARDING COMPENSATION OF RS.61,70,156/-TO THE PETITIONERS

Exhibit P5 TRUE COPY OF ARBITRATION APPLICATION NUMBER 706/2022 FILED BY THE FIRST PETITIONER BEFORE THE FIFTH RESPONDENT DATED 12-04-2022

Exhibit P6 TRUE COPY OF ARBITRATION APPLICATION NUMBER 708/2022 FILED BY THE FIRST PETITIONER BEFORE THE FIFTH RESPONDENT DATED 12-04-2022

Exhibit P7 TRUE COPY OF ARBITRATION APPLICATION NUMBER 705/2022 FILED BY THE FIRST PETITIONER BEFORE THE FIFTH RESPONDENT DATED 12-04-2022

Exhibit P8 TRUE COPY OF ARBITRATION APPLICATION NUMBER 707/2022 FILED BY THE PETITIONERS BEFORE THE FIFTH RESPONDENT DATED 12-04-