High Court of KeralaSingle Judge2022-01-18Writ petition allowed

Abdul Jabbar Mogral; Moideen Mogral Mohammed; Abdul Rahiman Mogral Mohammed v. Project Director, National Highways Authority of India, Kozhikode; District Collector Kasaragod & Arbitrator National Highways Authority of India, Kasaragod; Special Deputy Collector Land Acquisition (NH), Kasaragod & Competent Authority, Kasaragod; Special Tahsildar Land Acquisition (NH), Unit-1, Kasaragod

Case / Petition Number:WP(C) NO. 1659 OF 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-01-18
Court Decision / Holding: Writ petition allowed. The court directs the 2nd respondent (Arbitrator under Section 3G(5) NH Act) to consider Exts.P14 to P16 after hearing and the production of necessary documents, and to pass an appropriate order thereon as expeditiously as possible, but not later than four months from the date of receipt of a copy of this judgment. The Arbitrator is to advert to every relief sought by the petitioners, including for measurement of the property and any salvage-related action, and to proceed accordingly within the time frame. The CALA should attend to the reliefs sought in Exts.P11–P13 in relation to measurement and salvage, to be considered as part of the ongoing process.
Final Disposition: Writ petition allowed

Parties to the Case

Appellants / Petitioners

Abdul Jabbar Mogral
Moideen Mogral Mohammed
Abdul Rahiman Mogral Mohammed

Respondents

The Project Director National Highways Authority of India, Kozhikode
The District Collector Kasaragod & Arbitrator National Highways Authority of India, Kasaragod
Special Deputy Collector Land Acquisition (NH), Kasaragod & Competent Authority
Special Tahsildar Land Acquisition (NH), Unit-1, Kasaragod

Legal Representation & Advocates

Counsels for Petitioners

• Pushparajan Kodoth
• K. Jayesh
• Mohankumar
• Vandana Menon
• Vimal Vijay

Case Synopsis & Summary

Abdul Jabbar Mogral, Moideen Mogral Mohammed, and Abdul Rahiman Mogral Mohammed, petitioners in WP(C) 1659/2022, allege that although their lands and buildings were acquired for the National Highway Authority of India, the measurement carried out for compensation was defective, resulting in erroneous awards. They have sought reliefs Exts.P14 to P16 before the Arbitrator under Section 3G(5) of the National Highways Act and urge that these be disposed of promptly. Additionally, they contend that Exts.P11 to P13 were filed before CALA (Special Tahsildar Land Acquisition) seeking consideration of measurement and salvage issues, and have urged the CALA to ensure these matters are attended to during the arbitration. Counsel for petitioners submits that, notwithstanding rights to full compensation, salvage deductions should not be made absent proper measurement. The court recalls that in Usman Arif v. National Highways Authority of India (2022(1) KLT 35), once an Award is issued by CALA it becomes functus officio, except for Supplementary or Additional Awards under the NH Act. The court then directs the 2nd respondent, the Arbitrator under Section 3G(5), to consider Exts.P14 to P16 after hearing and production of necessary documents, and to issue an appropriate order within four months, while ensuring reliefs including measurement and salvage are dealt with expeditiously. The order also requires the Arbitrator to advert to the reliefs sought in the petitions, so that the process of measurement, salvage and compensation is completed with due process and within the time frame prescribed by the Court.

Provisions of Law Cited

National Highways Act, 1956, Section 3G(5)

Legal Doctrines & Maxims

functus officio

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that although their lands and buildings were acquired for the National Highway Authority of India, the measurement carried out for compensation was defective, leading to erroneous Awards. They seek Exts.P14–P16 to be considered by the Arbitrator under Section 3G(5) NH Act and urge that Exts.P11–P13 before CALA be addressed, including measurement and salvage issues. They request that salvage deductions (if any) be reviewed and that all reliefs be adjudicated expeditiously.

Contentions of Respondents

The respondents’ counsel are not explicitly listed in the document. The petitioner’s counsel requested consideration of measurement errors, salvage deductions, and reliefs before the Arbitrator and CALA under NH Act; the exact respondent-side submissions are not detailed in the provided text.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Usman Arif v. National Highway Authority of India	2022(1) KLT 35	Positive	Court cites Usman Arif to support the principle that once CALA issues an Award, it becomes functus officio except for Supplementary/Additional Awards under the NH Act.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Abdul Jabbar Mogral; Moideen Mogral Mohammed; Abdul Rahiman Mogral Mohammed v. Project Director, National Highways Authority of India, Kozhikode; District Collector Kasaragod & Arbitrator National Highways Authority of India, Kasaragod; Special Deputy Collector Land Acquisition (NH), Kasaragod & Competent Authority, Kasaragod; Special Tahsildar Land Acquisition (NH), Unit-1, Kasaragod and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 18[TH] DAY OF JANUARY 2022 / 28TH POUSHA, 1943** ## **WP(C) NO. 1659 OF 2022** ## **PETITIONERS:** 1 ABDUL JABBAR MOGRAL AGED 42 YEARS S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321., NOW AT DUBAI, U.A.E., REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER - M. M. MOHAMMED IQBAL, AGED 42 YEARS, S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321. 2 MOIDEEN MOGRAL MOHAMMED S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321., NOW AT JEDDAH SAUDI ARABIA, REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER - M. M. MOHAMMED IQBAL, AGED 42 YEARS, S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321. 3 ABDUL RAHIMAN MOGRAL MOHAMMED S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321., NOW AT JEDDAH SAUDI ARABIA, REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER - M. M. MOHAMMED IQBAL, AGED 42 YEARS, S/O. LATE M. M. MOHAMMED HAJI, RESIDING AT MADEENA MANZIL, C.H.C. ROAD KUMBLA, KOIPADY VILLAGE, P. O. KUMBLA, KASARAGOD DISTRICT, KERALA STATE - 671 321. BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY WP(C) NO. 1659 OF 2022 **2** ## **RESPONDENTS:** 1 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE - 673 001. 2 THE DISTRICT COLLECTOR KASARAGOD & ARBITRATOR NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD, PIN - 671 121. 3 SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (NH), KASARAGOD & COMPETENT AUTHORITY, PIN - 671 121. 4 THE SPECIAL TAHSILDAR LAND ACQUISITION (NH), UNIT - 1, KASARAGOD, PIN - 671 121. ## **OTHER PRESENT:** SRI. MATHEWS K.PHILIP.S.C.AND SMT. ANIMA.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1659 OF 2022 **3** ## **JUDGMENT** The petitioners allege that even though their properties and building thereon have already been acquired for the purposes of the National Highway Authority of India (NHAI), the same have not been properly measured, leading to several errors being carried forward into the Award. They say that, therefore, they preferred Exts.P14 to P16 applications before the 2[nd] respondent - who is the competent Arbitrator under the provisions of Section 3G(5) of the National Highways Act (hereinafter referred to as the “NH Act” for short) - and pray that same directed to be taken up and disposed of, within a time frame to be fixed by this Court. 2. Sri.Pushparajan Kodoth – learned counsel for the petitioner, in addition, submitted that since, even though his clients are entitled to compensation for the entire acquired lands and the buildings thereon, but have been denied it WP(C) NO. 1659 OF 2022 **4** solely because of the difference in the measurement, they have also preferred Exts.P11, P12 and P13 applications before the 4[th] respondent - Special Tahsildar - who is the competent Authority for Land Acquisition (CALA), appointed under the “NH Act” - and prayed that the same may also be directed to be taken up and disposed of without any avoidable delay. He added that since his clients are not taking away the remnants of the acquired buildings, no amount of salvage could have been deducted in the Award and pleaded that this also be ordered to be considered by the Arbitrator at the time when Exts.P14, P15 and P16 are disposed of. 3. When I consider the afore submissions of Sri.Pushparajan Kodoath, it has now been well settled by this Court in _**Usman Arif v. National Highway Authority of India [2022(1) KLT 35]**_ , that once an Award is issued by the CALA, it is rendered _functus officio_ , except for the issuance of Supplementary or Additional Awards, as are WP(C) NO. 1659 OF 2022 **5** permitted by the “NH Act”. 4. In this case, the petitioners appear to be fully aware of this, because they have moved the 2[nd] respondent – Arbitrator under Section 3G(5) of the “NH Act”, by filing Exts.P14 to P16. Obviously, therefore, every relief that they seek, including for measurement of the property and for the amounts deducted as salvage of the building, ought to be impelled before the said Authority, while the process under the afore provision is completed. Resultantly, I order this writ petition and direct the 2[nd] respondent to consider Exts.P14 to P16 applications of the petitioners, after affording them necessary opportunities of being heard and of producing necessary documents and other inputs in their favour; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment. Needless to say, while the afore exercise is completed, WP(C) NO. 1659 OF 2022 **6** the 2[nd] respondent will also advert to every relief sought for by the petitioners, including for measurement of the property and necessary action thereon shall be taken as per law, without any avoidable delay. **Sd/DEVAN RAMACHANDRAN JUDGE** ANB WP(C) NO. 1659 OF 2022 **7** ## **APPENDIX OF WP(C) 1659/2022** PETITIONER EXHIBITS Exhibit P1 - TRUE COPY OF THE NOTICE DATED 21.11.2017 ISSUED BY THE 4TH RESPONDENT TO M. M. MOHAMMED HAJI. (PETITIONERS' FATHER) - Exhibit P2 TRUE COPY OF THE AWARD DATED 17.02.2021 IN LAC 120/MOGRAL VILLAGE PASSED BY THE 3RD RESPONDENT. - Exhibit P3 TRUE COPY OF THE AWARD DATED 20.02.2021 IN LAC 121/MOGRAL VILLAGE PASSED BY THE 3RD RESPONDENT. - Exhibit P4 TRUE COPY OF THE AWARD DATED 17.02.2021 IN LAC 122/MOGRAL VILLAGE PASSED BY THE 3RD RESPONDENT. - Exhibit P5 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO 1ST PETITIONER DATED 17.02.2021. - Exhibit P6 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO 2ND PETITIONER DATED 20.02.2021. - Exhibit P7 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO 3RD PETITIONER DATED 20.02.2021. - Exhibit P8 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO 1ST PETITIONER DATED 17.12.2021. - Exhibit P9 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO 2ND PETITIONER DATED 17.12.2021. - Exhibit P10 TRUE COPY OF NOTICE ISSUED BY THE 3RD WP(C) NO. 1659 OF 2022 **8** RESPONDENT TO 3RD PETITIONER DATED 17.12.2021. Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.12.2021. TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.12.2021. TRUE COPY OF THE PETITION FILED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.12.2021. TRUE COPY OF THE APPLICATION FILED BY 1ST PETITIONER UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND RESPONDENT DATED 21.12.2021. TRUE COPY OF THE APPLICATION FILED BY 1ST PETITIONER UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND RESPONDENT DATED 21.12.2021. TRUE COPY OF THE APPLICATION FILED BY 1ST PETITIONER UNDER SECTION 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956 BEFORE THE 2ND RESPONDENT DATED 21.12.2021.