Judgment
WP(C) NO. 18707 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945 WP(C) NO. 18707 OF 2023 PETITIONER:
C.S ASSIS, AGED 64 YEARS, S/O SAIDU MUHAMMED RAVUTHER, MOOLAMKUZHIYIL HOUSE EAST MARADY, MARADY VILLAGE MUVATTUPUZHA TALUK, ERANAKULAM – 686 661.
BY ADVS.
BONNY BENNY BALU TOM BEJOY JOSEPH P.J.
GOVIND G. NAIR RESPONDENTS:
1 THE SPECIAL TAHSILDAR, LAND ACQUISITION, OFFICE OF THE SPECIAL THSILDAR, LA(NH) CHERTHALA, ALAPPUZHA – 688 524.
2 SPECIAL DEPUTY COLLECTOR LA(NH) ALAPPUZHA & COMPETENT AUTHORITY, BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA – 688 001.
3 THE DISTRICT COLLECTOR, BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA – 688 001.
4 NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY PROJECT DIRECTIOR, PROJECT IMPLEMENTATION UNIT, ALAPPUZHA, KERALA – 688 001.
SRI. LEJO JOSEPH GEORGE (SC), SMT. PREETHA K K (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18707 OF 2023 2 JUDGMENT The petitioner has approached this Court seeking a direction to the 3rd respondent to consider Ext.P7, which is a petition styled as an objection to Ext.P6 award. According to the petitioner, the competent authority has failed to consider the matter in a proper manner and therefore, a lower amount of compensation has been fixed in respect of the land acquired from the petitioner.
2.
The learned Government Pleader appearing for the competent authority and the learned Standing Counsel appearing for the National Highways Authority of India would point out that after an award has been passed, the only remedy open to the petitioner is to file an application under Section 3G(5) of the National Highways Act, 1956 before the District Collector, who is the nominated Arbitrator to consider a challenge to Ext.P6 award. The District Collector exercises no other jurisdiction over Ext.P6 award.
Accordingly, this writ petition will stand disposed of directing that Ext.P7 shall be treated as an application under Section 3G(5) of the National Highways Act, 1956 and the 3rd
WP(C) NO. 18707 OF 2023 3 respondent shall endeavour to dispose of Ext.P7 as expeditiously as possible. It is made clear that if the petitioner wishes to file any additional documents or pleadings, it will be open to the petitioner to do so before the 3rd respondent. The 3rd respondent shall decide the matter in accordance with law and after affording an opportunity to all concerned, including the NHAI.
Sd/- GOPINATH P.
JUDGE DK
WP(C) NO. 18707 OF 2023 4 APPENDIX OF WP(C) 18707/2023 PETITIONER EXHIBITS Exhibit P1 THE PHOTOSTAT COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE NO.62974522 ISSUED BY THE CHERTHALA VADAKKU VILLAGE OFFICER DATED 25.01.2022 Exhibit P2 THE PHOTOSTAT COPY OF THE CERTIFICATE OF IMPORTER & EXPORTER CODE HAVING IEC NO. ABFPF2031E ISSUED BY THE OFFICE OF JT. DIRECTOR GENERAL OF FOREIGN TRADE DATED 14.06.2018 Exhibit P3 THE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE NO.
32ABFPF2031EIZL ISSUED AS PER FORM GST REG-06 BY THE GOVERNMENT OF INDIA DATED 17.07.2018 Exhibit P4 THE PHOTOSTAT COPY OF THE NOTICE NO.329/2020 ISSUED UNDER SECTION 3E(1) OF NATIONAL HIGHWAYS ACT 1956 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 22.12.2021 Exhibit P5 THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 14.02.2022 Exhibit P6 THE PHOTOSTAT COPY OF THE LAC NO.329/2020/CHERTHALA NORTH/BLO/S.O.4348(E)/A2-1209/2022 ISSUED BY THE SPECIAL DEPUTY COLLECTOR LA(NH) ALAPPUZHA & COMPETENT AUTHORITY DATED 23.03.2022 Exhibit P7 THE PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.09.2022 Exhibit P8 THE PHOTOSTAT COPY OF THE RECEIPT NO.8R/ARB/2148/2022 DATED 17.09.2022 FROM THE OFFICE OF COLLECTORATE ALAPPUZHA