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 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
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. |
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Extracted Judgment Text
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