Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 WP(C) NO. 25931 OF 2022 PETITIONER:
BIJU R.
AGED 46 YEARS S/O. RAMACHANDRAN PILLAI, GEETHA MANDIRAM, 183, ARUNOOTTIMANGALAM NAGAR, MANGAD P.O, KOLLAM - 691015.
SRI BY ADVS.
SRI P.B.KRISHNAN SRI P.B.SUBRAMANYAN SRI SABU GEORGE SRI MANU VYASAN PETER RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN 1, PARLIAMENT STREET, NEW DELHI - 110001.
2 NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) PROJECT.
IMPLEMENTATION UNIT, 1ST FLOOR, T.C. 36/574-1, KRISHNA KRIPA, ERA -42, PALKULANGARA JN., THIRUVANANTHAPURAM - 695024, REPRESENTED BY ITS PROJECT DIRECTOR.
3 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAANKATHU MUKKU, KOLLAM - 691013.
4 THE SPECIAL DEPUTY COLLECTOR(L.A), COMPETENT AUTHORITY, NHAI, UNIT NO. 1, CHATHANNOOR, KOLLAM - 691572.
5 THE SPECIAL TAHSILDAR (LA) NHAI UNIT NO.1, CHATHANNOOR, KOLLAM - 691572.
6 THE REGIONAL OFFICER, NHAI REGIONAL OFFICE, T.C. 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9, PETTAH P.O, THIRUVANANTHAPURAM, KERALA - 695024.
W.P.(C)No. 25931/2022 2 7 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
8 KAMALUDHEEN S/O. VAVAKUNJU, SAFNA MANZIL, VADAKKUMKARA, KIZHAKKE CHERIYIL, MAYYANAD VILLAGE, KOLLAM - 691303.
9 SAJITHA D/O. ABDUL AZEEZ, SAFNA MANZIL, VADAKKUMKARA, KIZHAKKE CHERIYIL, MAYYANAD VILLAGE, KOLLAM - 691303.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 25931/2022 3
T.R. RAVI, J.
-------------------------------------------- W.P.(C)No.25931 of 2022 -------------------------------------------- Dated this the 11th day of August, 2022 JUDGMENT
Admit. ASGI takes notice for the 1st respondent. Standing Counsel takes notice for the respondents 2 and 6. Government Pleader takes notice for respondents 3, 4, 5 and 7. In the nature of the order that is proposed to be passed, notice to respondents 8 and 9 is dispensed with.
2.
The petitioner is a tenant of Room Nos.316 and 317 of Mayyanad Panchayat owned by respondents 8 and 9, wherein he is conducting a wheel alignment centre and sale and service of tyres.
The building is situated in 118 Sq.Metres of land comprised in Re- Sy.No.345/10 in Block No.27 of Mayyanad Village. The said land having an extent of 119 Sq.Metres belonging to respondents 8 and 9 is acquired for the purpose of development of National Highway 66. The petitioner submits that no notice whatsoever has been issued to the petitioner though he was a person interested. Ext.P6 is the award passed by the 4th respondent. The petitioner submits that he is entitled to compensation towards loss of earnings,
W.P.(C)No. 25931/2022 4 shifting of his place of business and that improvements, constructions and other interior works done to the shop room ought to have been taken into account while determining compensation. Though the petitioner has submitted an application before the 4th respondent claiming a portion of the compensation meant for him from respondents 8 and 9, the same was rejected by the 4th respondent stating that the application has been filed after the disbursal of the compensation to respondents 8 and 9.
3.
The petitioner has approached this Court seeking a direction to the 4th respondent to re-determine the compensation payable to respondents 8 and 9, after considering the claim of the petitioner and award the share of compensation to him within a time limit to be fixed by this Court, to direct respondents, 2 and 4 to 6 to keep all further proceedings for acquiring Room Nos.316 and 317 of Mayyanad Panchayat owned by respondents 8 and 9 in 119 Sq.Metres of land in Re.Sy.No.345/10 in Block NO.27 of Mayyanad Village and for other consequential reliefs.
4.
Going by the provisions contained in the National Highways Act, once the award is passed, the matter has to be taken up before the Arbitrator for appropriate relief. Section 3G(7) of the National Highways Act, 1956 gives ample power to the
W.P.(C)No. 25931/2022 5 Arbitrator to consider appropriate value to be fixed as compensation. Once the matter comes before the Arbitrator, the Arbitrator is also having the powers available under Section 17 of the Arbitration and Conciliation Act, 1996 (1996 Act for short) which permits issuance of interlocutory orders. In such circumstances, I deem it appropriate to relegate the petitioner to his remedy before the Arbitrator.
5.
The petitioner shall prefer an appropriate application before the 2nd respondent under Section 3G of the National Highways Act, 1956. The petitioner shall also prefer appropriate interlocutory application before the 2nd respondent under Section 17 of the 1996 Act, seeking relief of valuation of the improvements, constructions and other interior decorations said to have been done in the shop rooms. The application shall be filed within ten days. The Arbitrator shall consider the interlocutory application and pass orders regarding the inspection and valuation of the shop rooms within one week thereafter and proceed to finalise the arbitration application after hearing the petitioner and other interested persons. Dispossession and demolition shall be only after following the procedure prescribed in Section 3E of the National Highways Act, 1956. The entire arbitration proceedings
W.P.(C)No. 25931/2022 6 shall be completed at the earliest, at any rate, within eight months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/- T.R. RAVI
JUDGE dsn The sentence “dispossession and demolition shall be only after following the procedure prescribed in Section 3E of the National Highways Act, 1956” in the 5th paragraph of the judgment dated 11.08.2022 in W.P.(C)No.25931/2022 is deleted as per order dated 23.11.2022 in R.P.No.986 of 2022 in W.P.(C)No.25931/2022.
Sd/- Joint Registrar
W.P.(C)No. 25931/2022 7 APPENDIX OF WP(C) 25931/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENT DEED, DATED 01.11.2019.
Exhibit P2 TRUE COPY OF THE RENT DEED, DATED 01.10.2020.
Exhibit P3 TRUE COPY OF THE RENT DEED, DATED 01.09.2021.
Exhibit P4 TRUE COPY OF THE RECENT LICENSE ISSUED BY THE MAYYANAD PANCHAYAT ON 30.07.2021.
Exhibit P5 TRUE COPY OF THE GST REGISTRATION CERTIFICATE, ISSUED ON 19.01.2020.
Exhibit P6 TRUE COPY OF THE AWARD NO. MYND-0160 PASSED BY RESPONDENT NO.3 ON 10.02.2022.
Exhibit P7 TRUE COPY OF THE REPRESENTATION, DATED 30.06.2022.
Exhibit P8 TRUE COPY OF THE REPRESENTATION, DATED 06.08.2022.