Kerala High Court

Gopi K vs The National Highway Authority Of India on 6 August, 2025

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947

                        WP(C) NO. 9826 OF 2023


PETITIONER:

    1     GOPI K,
          AGED 65 YEARS
          S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
          NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM P.O,
          TRISSUR DISTRICT, PIN - 679340


          BY ADV SRI.T.N.MANOJ


RESPONDENTS:

    1     THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
          PLOT G-5 AND 6, SECTOR 10, DWARAKA, NEW DELHI-150 007,
          REPRESENTED BY ITS CHAIRMAN.

    2     THE PROJECT DIRECTOR,
          NATIONAL HIGHWAY AUTHORITY OF INDIA
          NO.310-A, CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
          PALAKKAD-, PIN - 678007

    3     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    4     THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
          HIGHWAY 47,
          THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
          COLLECTOR, AYYANTHOLE P.O., THRISSUR DISTRICT,
          PIN - 680003

    5     THE DISTRICT COLLECTOR,
          THRISSUR, AYYANTHOLE P.O,
          THRISSUR DISTRICT-, PIN - 680003
                                                          2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -2-

     6       THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
             AUTHORITY (LA),
             NHDP, TALUK OFFICE, THRISSUR, PIN - 680020


             BY ADVS.
             SHRI.B.G.BIDAN CHANDRAN FOR R1
             SHRI.NANAVATI MAULIK.G FOR R2
             SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
             SHRI.SANTHOSH MATHEW (SR.)
             SRI.ANIL SEBASTIAN PULICKEL
             SMT.MANASA BENNY GEORGE
             SHRI.KURIAN ANTONY MATHEW



         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).8799/2023, 8808/2023, THE COURT ON
06.08.2025 DELIVERED THE FOLLOWING:
                                                       2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -3-


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947

                         WP(C) NO. 8799 OF 2023


PETITIONERS:

     1      GOPI K,
            AGED 65 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
            NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM P.O,
            THRISSUR DISTRICT, PIN - 679340

     2      SASI K,
            AGED 52 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
            NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
            THRISSUR DISTRICT, PIN - 679340

     3      GOVINDAN KUTTY
            AGED 78 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
            NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
            THRISSUR DISTRICT, PIN - 679340

     4      SUDHAKARAN
            AGED 56 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
            NADATHARA VILLAGE AND DESOM, ERAVIMANGALAM |P.O,
            THRISSUR DISTRICT, PIN - 679340

     5      RAJEEV
            AGED 50 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE,
            NADATHARA VILLAGE AND NADATHARA DESOM, ERAVIMANGALAM
            | P.O, THRISSUR DISTRICT, PIN - 679340
                                                      2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -4-



     6      SURESH
            AGED 59 YEARS
            S/O BALAKRISHAN NAIR, KUNDIL HOUSE, NADATHARA VILLAGE
            AND NADATHARA DESOM, ERAVIMANGALAM |P.O,
            THRISSUR DISTRICT, PIN - 679340


            BY ADV SRI.T.N.MANOJ


RESPONDENTS:

     1      THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
            PLOT G-5 AND 6, SECTOR 10, DWARAKA,
            NEW DELHI-150 007, REPRESENTED BY ITS CHAIRMAN.

     2      THE PROJECT DIRECTOR,
            NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.310-A,
            CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
            PALAKKAD, PIN - 678007

     3      THE STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

     4      THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
            HIGHWAY 47,
            THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
            COLLECTOR, AYYANTHOLE P.O.,
            THRISSUR DISTRICT, PIN - 680003

     5      THE DISTRICT COLLECTOR
            THRISSUR, AYYANTHOLE P.O,
            THRISSUR DISTRICT, PIN - 680003

     6      THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
            AUTHORITY (LA),
            NHDP, TALUK OFFICE, THRISSUR, PIN - 680020
                                                      2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -5-

            BY ADVS.
            SHRI.B.G.BIDAN CHANDRAN FOR R1
            SHRI.NANAVATI MAULIK.G FOR R2
            SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
            SHRI.SANTHOSH MATHEW (SR.)
            SRI.ARUN THOMAS
            SRI.ANIL SEBASTIAN PULICKEL
            SMT.MANASA BENNY GEORGE
            SHRI.KURIAN ANTONY MATHEW



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).9826/2023 AND CONNECTED CASES, THE
COURT ON 30.06.2025 DELIVERED THE FOLLOWING:
                                                       2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -6-


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947

                         WP(C) NO. 8808 OF 2023


PETITIONERS

     1      VARKERY
            AGED 51 YEARS
            S/O KUNJUVAREED AGED 51, PALATHINGAL HOUSE,
            FATHIMA NAGAR, CHEMBUKAVU TRISSUR, PIN - 680020


            BY ADV SRI.T.N.MANOJ


RESPONDENTS:

     1      THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
            PLOT G-5 AND 6, SECTOR 10, DWARAKA,
            NEW DELHI-150 007, REPRESENTED BY ITS CHAIRMAN.

     2      THE PROJECT DIRECTOR,
            NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.310-A,
            CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O.,
            PALAKKAD, PIN - 678007

     3      THE STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-, PIN - 695001

     4      THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL
            HIGHWAY 47,
            THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT
            COLLECTOR, AYYANTHOLE P.O., THRISSUR DISTRICT, PIN -
                                                          2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -7-

             680003

     5       THE DISTRICT COLLECTOR,
             THRISSUR, AYYANTHOLE P.O,
             THRISSUR DISTRICT, PIN - 680003

     6       THE SPECIAL DEPUTY COLLECTOR (SLAO) AND COMPETENT
             AUTHORITY (LA),
             NHDP, TALUK OFFICE, THRISSUR, PIN - 680020


             BY ADVS.
             SHRI.B.G.BIDAN CHANDRAN FOR R1
             SRI.K.A.SALIL NARAYANAN FOR R2
             SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER



         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.06.2025, ALONG WITH WP(C).9826/2023 AND CONNECTED CASES, THE
COURT ON 06.08.2025 DELIVERED THE FOLLOWING:
                                                               2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023



                                    -8-



                        C. JAYACHANDRAN, J.
            -----------------------------------------
               W.P.(C.) Nos.9826, 8799 & 8808 of 2023
            -----------------------------------------
              Dated, this the 6th day of August, 2025


                            COMMON JUDGMENT

In the above three Writ Petitions, the issue centers around

the claim of the respective petitioners to get solatium and

interest on the compensation amount awarded pursuant to the

acquisition of the petitioners' land under the provisions

of the National Highways Act, 1956 ('N.H. Act', for short).

The reliefs are claimed specifically on the basis of the

law declared by the Hon'ble Supreme Court in Union of India

and Another v. Tarsem Singh and Others [2019 KHC 6936].

2. The factual matrices in all the three cases are

similar, which are noted here below:

3. The petitioners are co-owners and their land, having 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

an extent of 0.0267 hectares, has been acquired for the

widening of the National Highway in terms of N.H. Act. The

competent authority passed Ext.P1 Award dated 'nil' fixing

a compensation of Rs.5,62,024/- (L.A.C. No.497/2009). The

petitioners approached the Arbitrator seeking enhancement

of compensation. The same was allowed and the compensation

was enhanced to Rs.13,34,982/-. Ext.P2 evidences sanction

for payment of compensation, together with interest, from

the date of taking possession of the land, wherein the

total amount shown is Rs.13,34,982/-.

4. It appears that nothing transpired thereafter, until

20.05.2022, when the petitioners preferred Ext.P3

application seeking grant of solatium and interest. Now, it

is on the strength of Ext.P3, coupled with the declaration

of law laid down by the Hon'ble Supreme Court in Tarsem

Singh's case (supra), that the petitioners are claiming

solatium, as also, interest.

2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

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5. The petitioner's property having an extent of 0.0107

hectares was acquired for the widening of the National

Highway in terms of the N.H. Act. The competent authority

passed Ext.P1 Award dated 'nil' fixing a compensation of

Rs.2,30,786/- (L.A.C. No.472/2009). The petitioner

approached the Arbitrator seeking enhancement of

compensation. The same was allowed and compensation was

enhanced to Rs.4,08,038/-.

6. In this case also, nothing transpired thereafter until

20.05.2022, when the petitioner preferred Ext.P2

application seeking grant of solatium and interest. It is

on the strength of Ext.P2, coupled with the declaration of

law laid down by the Hon'ble Supreme Court in Tarsem

Singh's case (supra), that the petitioner is claiming

solatium, as also, interest.

2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

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7. The petitioner's land to the extent of 0.0131 hectares

has been acquired for the widening of the National Highway

in terms of the N.H. Act. The competent authority passed

Ext.P1 Award dated 'nil' fixing a compensation of

Rs.17,07,587/- (L.A.C. No.473/2009). The petitioner

approached the Arbitrator seeking enhancement of

compensation. The same was allowed and compensation was

enhanced to Rs.19,60,094/-. Ext.P2 evidences sanction for

payment of compensation, together with interest, from the

date of taking possession of the land, wherein the total

amount shown is Rs.19,60,094/-.

8. Nothing transpired thereafter until 20.05.2022, when

the petitioner preferred Ext.P3 application seeking grant

of solatium and interest. It is on the strength of Ext.P3,

coupled with the declaration of law laid down by the

Hon'ble Supreme Court in Tarsem Singh's case (supra), that 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 12 -

the petitioner is claiming solatium, as also, interest.

9. Insofar as the entitlement of a person whose land has

been acquired as per the N.H. Act to get solatium and

interest, there cannot be any dispute in view of the

authoritative pronouncement made by the Hon'ble Supreme

Court in Tarsem Singh's case (supra). Section 3J of the

N.H. Act was found to be violative of Article 14 and hence,

struck down. The Hon'ble Supreme Court declared that the

provisions of the Land Acquisition Act, 1894, relating to

solatium and interest contained in Section 23 (1A) and (2)

and interest payable in terms of the proviso to Section 28,

will apply to acquisitions made under the N.H. Act as well.

10. Heard Sri.T.N.Manoj, learned Counsel for the

respective petitioners in all the three Writ Petitions,

Sri.B.G.Bidan Chandran for the 1 st respondent-National

Highway Authority, Sri.Nanavati Maulik G. for the 2 nd

respondent-Project Director, National Highway Authority of 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

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India [in W.P.(C.) Nos.9826 of 2023 and 8799 of 2023],

Sri.K.A.Salil Narayanan for the 2 nd respondent [in W.P.(C.)

No.8808 of 2023], Smt.Deepa Narayanan, learned Senior

Government Pleader on behalf of respondents 3 to 6 [in

W.P.(C.) No.8799 of 2023] and Sri.Ajith Viswanathan,

learned Government Pleader on behalf of respondents 3 to 6

[in W.P.(C.) Nos.8808 and 9826 of 2023].

11. The solitary objection which has been raised by the

learned Counsel for the 2 nd respondent in all these cases is

with respect to the petitioners' entitlement for grant of

solatium and interest, inasmuch as the respective

acquisition proceedings have been attained finality in the

year 2013, for which reason, the proceedings should be

treated as concluded, which cannot be resurrected by filing

a representation like Exts.P2 or P3, as the case may be,

seeking grant of solatium and interest on the strength of

the declaration of law in Tarsem Singh's case (supra).

Learned Counsel for the 2nd respondent in the respective 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 14 -

cases would elaborate that, in Sunita Mehra and Another v.

Union of India and Others [(2016) SCC Online SC 1128], the

Hon'ble Supreme Court, relying on Gurpreet Singh v. Union

of India [2006 (8) SCC 457], confined the grant of benefit

of interest and solatium only in respect of proceedings

pending as on 28.03.2008, and that concluded cases should

not be re-opened. According to the learned Counsel for the

2nd respondent, grant of solatium and interest now, in

respect of proceedings which have already concluded in the

year 2013 would be squarely against the dictum laid down in

Sunita Mehra (supra).

12. Having considered the above referred objection, this

Court finds that the same is not maintainable for the

following reasons:

(i) Firstly, this issue was raked up in Tarsem Singh

(supra) as could be seen from paragraph no.41 of the

judgment, by the learned Solicitor General. It was 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 15 -

contended that the solatium and interest is not liable to

be granted to the respondent therein for the reason that

the arbitral awards did not provide for the same and that,

no petition under Section 34 has been filed by the land

owners on that count. This contention was rejected by the

Hon'ble Supreme Court - by refusing to interfere with the

judgment of the Division Bench of the respective High

Court, which granted solatium and interest - specifically

pointing out the reason that the Government itself had

conceded that solatium and interest should be granted even

in cases that arise between 1997 and 2015.

(ii) Secondly, the petitioners cannot be found fault with

for not challenging the Award of the Arbitrator, so long as

Section 3J remained in the Statute book. The same was held

unconstitutional only in the year 2019. Therefore, the

petitioners cannot be faulted for the delay in respect of

the period from the date of Arbitrator's Award, till the

declaration of the law by the Hon'ble Supreme Court.

2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

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(iii) Thirdly, going by the law laid down in Sunita Mehra

(supra), this Court notice that a proceeding was pending as

on 28.03.2008, which is the date of the Order of the High

Court of Punjab and Haryana in Golden Iron & Steel Forging

v. Union of India [2008 SCC Online P&H 498]. In all the

three cases at hand, the competent authority fixed the

compensation amount in the year 2009 (see Reference LAC

Nos.472/2009, 473/2009 and 497/2009, as the case may be)

and the Arbitrator passed Awards in the year 2013. Thus, as

on the cut off date, the proceedings were very much live.

13. It is noticed that a Division Bench of this Court has

also considered this issue in Anantharaman v. Special

Deputy Collector (SLAO) [2025 KHC Online 1542], wherein

also similar contention pressed by the National Highway

Authority of India was not favoured with.

14. Before parting, one particular contention of the

learned Counsel for the 2 nd respondent, which is a specie to 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 17 -

the above contention, also has to be addressed. Learned

Counsel for the 2nd respondent would specifically contend

that the declaration of the law by the Hon'ble Supreme

Court in Tarsem Singh's case (supra) came on 19.09.2019,

whereas a claim for solatium and interest was made only on

20.05.2022, as could be seen from Exts.P2 or P3, as the

case may be. Therefore, petitioners are not entitled to

claim interest for that period. Here again, this Court is

not inclined to refuse relief to the petitioners by

depriving them the interest for that period, for the reason

that the petitioners are entitled to the benefit of the

successive Orders issued by the Hon'ble Supreme Court,

excluding the limitation period taking into account the

Covid-19 pandemic.

15. In the circumstances, all the three Writ Petitions are

allowed. The entitlement of the respective petitioners to

get solatium and interest from the respective dates of

taking possession of the properties is hereby declared. The 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 18 -

6th respondent is directed to issue consequential orders in

the light of the above declaration, granting solatium and

interest to the respective petitioners, expeditiously, at

any rate, within a period of two months from the date of

receipt of a copy of this judgment.

The Writ Petitions are disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/01-18 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

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APPENDIX OF WP(C) 9826/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC 473/2009 OF THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY NHDP TRISSUR.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 5/7/2013 OF THE SPECIAL DEPUTY COLLECTOR NHDP TRISSUR GRANTING ENHANCEMENT OF THE COMPENSATION.

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20/5/2022 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023

- 20 -

APPENDIX OF WP(C) 8799/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD IN LAC 497/2009 OF THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY NHDP TRISSUR.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 8/7/2013 OF THE SPECIAL DEPUTY COLLECTOR NHDP TRISSUR GRANTING ENHANCEMENT OF THE COMPENSATION.

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 20/5/2022 FILED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT RESPONDENTS' EXHIBITS: NIL 2025:KER:58391

W.P.(C.) Nos.9826, 8799 & 8808 of 2023