High Court of KeralaSingle Judge2022-03-30Writ petition disposed in terms of directions d...

Abdul Latheef v. Union of India and Others

Case / Petition Number:WP(C) NO. 9605 OF 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-03-30
Court Decision / Holding: The petition is disposed with directions: (a) Petitioner is granted liberty to approach the statutory Arbitrator under Section 3G(5) of the NH Act within two weeks of receipt of this judgment; if not disposed within eight months, petitioner may approach this Court to fix a time frame; (b) The three objections—salvage, tenure of the property, and interest—will be considered meticulously by the Arbitrator, in light of Exts. P5 judgments and the Usman Arif decision; (c) The Arbitrator shall determine the issues and reflect the appropriate interest in the resultant order expeditiously.
Final Disposition: Writ petition disposed in terms of directions directing access to Section 3G(5) NH Act arbitration and related timelines.

Parties to the Case

Appellants / Petitioners

ABDUL LATHEEF AGED 60 YEARS S/O. BAVA, KARAPPAMVEETTIL, VALAPPAD P.O, THRISSUR - 680567.

Respondents

Union of India represented by the Secretary, Ministry of Road Transport and Highways, New Delhi
Director General (Road Development) & Special Secretary, Ministry of Road Transport & High Ways, Transport Bhavan, New Delhi
National Highways Authority of India, represented by its Chairman
Project Director, NHAI, Thiruvananthapuram
Chief Engineer Public Works Department, NH Division, Thiruvananthapuram
Principal Secretary, Revenue Department, Govt. Secretariat, Thiruvananthapuram
Special Deputy Collector & Competent Authority, Land Acquisition, NHAI, Thrissur
District Collector, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

• P. Sathisan Dona Augustine

Counsels for Respondents

• Smt. K. Amminikutty, Senior Government Pleader
• Sri. Mathews K. Philip, Standing Counsel for the NHAI

Case Synopsis & Summary

Abdul Latheef, a resident of Thrissur, filed WP(C) 9605 of 2022 challenging Ext. P2 series Awards issued by the Competent Authority for Land Acquisition (CALA) under the National Highways Act for land acquisition related to highway development. The petition challenges three grounds: (A) a 6% salvage deduction from the award amount is illegal in light of the Court’s declarations in Exts. P5 and P5(a); (B) the properties are not agricultural, as evidenced by Ext. P3 certificate issued by the Local Self Government Institutions, yet the awards were valued; (C) interest has been awarded only up to 28.08.2021 though the awards are dated 18.02.2022. The Court recalls the settled principle from Usman Arif v. National Highway Authority of India (2022 (1) KLT 35) that once CALA issues awards, the authority is functus officio except for issuing additional or supplementary awards under the NH Act. The petitioners are not seeking supplemental awards but are challenging the awards themselves, and thus the remedy lies under Section 3G(5) of the NH Act, not in a writ petition. The court directs liberty to file applications under Section 3G(5) within two weeks, with an eight-month window for disposition; arguments on salvage, tenure of the property, and interest shall be considered by the statutory Arbitrator. The order emphasizes that the Arbitrator will assess the three objections with respect to Exts.P5 judgments and Usman Arif, and reflect approved interest in the resultant order, expeditiously.

Provisions of Law Cited

National Highways Act, Section 3G(5)

Legal Doctrines & Maxims

Functus officio
Exhaustion of statutory remedies

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioner contends (A) 6% salvage deduction from the award amount is illegal in light of Exts. P5 and P5(a) judgments; (B) the lands are not agricultural, as evidenced by Ext. P3 certificate, though compensation is being valued; (C) interest has been awarded only up to 28.08.2021 though the awards are dated 18.02.2022; seeks quashing of Ext.P2 awards and relief under NH Act.

Contentions of Respondents

Respondents contend that Ext. P2 series awards have been issued by CALA after due inputs; challenge to those awards lies before the statutory Arbitrator under Section 3G(5); CALA is functus officio except to issue additional/supplementary awards under the NH Act; writ petition is not the proper forum for challenging the awards; liberty to approach 3G(5) is appropriate.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Usman Arif v. National Highway Authority of India	2022 (1) KLT 35	Positive	The judgment relies on the Usman Arif principle that CALA awards render the authority functus officio except for 3G(5) supplementary awards; this justifies directing remedy under Section 3G(5) rather than continuing challenges in the writ court.

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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** **WEDNESDAY, THE 30[TH] DAY OF MARCH 2022 / 9TH CHAITHRA, 1944** ## **WP(C) NO. 9605 OF 2022** ## **PETITIONER:** **ABDUL LATHEEF AGED 60 YEARS S/O. BAVA, KARAPPAMVEETTIL, VALAPPAD P.O, THRISSUR - 680567.** **BY ADVS. P.SATHISAN DONA AUGUSTINE** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI P.O, PIN - 110001.,** - **2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO. 213, MINISTRY OF ROAD TRANSPORT & HIGH WAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O, NEW DELHI - 110001.** - **3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA G-586, SECTOR - 10, DWARAKA P.O, NEW DELHI - 110075, REPRESENTED BY ITS CHAIRMAN.** - **4 THE PROJECT DIRECTOR, NHAI., TC - 29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O, THIRUVANANTHAPURAM - 695008.** - **5 CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, NH DIVISION, PUSHPA NAGAR ROAD, PMG P.O, THIRUVANANTHAPURAM - 695033.** - **6 THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM P.O, PIN - 695001.** - **7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NHAI, COLLECTORATE, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE P.O, THRISSUR, KERALA - 680003.** **WP(C) NO. 9605 OF 2022** **2** **8 DISTRICT COLLECTOR, G5CQ+GJ, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE P.O, THRISSUR, KERALA - 680003.** ## **OTHER PRESENT:** **SRI.MATHEWS K.PHILIP.S.C AND SMT.K.AMMINIKUTTY SR.G.P.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022,** **THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 9605 OF 2022** **3** ## **J U D G M E N T** The petitioner assails Ext.P2 series Awards issued by the Competent Authority for Land Acquisition (CALA) appointed under the provisions of the National Highways Act (NH Act) broadly on three grounds; namely (A) 6% of the Award amount has been illegally deducted as salvage, in flagrant violation of the declarations of this Court in Exts.P5 and P5(a); (B) the properties concerned are not agricultural ones, which is evident from Ext.P3 Certificate issued by the Local Self Government Institutions, but only granted the value for the same and finally that, (C) interest has been awarded only till 28.08.2021, though the Awards are dated 18.02.2022. 2. Even when I hear Sri.P.Sathisan - learned counsel for the petitioner on the afore lines, it is now well settled by this Court, through the judgment in **Usman Arif v. National Highway Authority of India** [ **2022 (1) KLT 35** ] that once the Awards are issued by the CALA, said Authority is rendered _functus officio_ except for the purpose of issuing additional or supplementary Awards as are permitted under the NH Act. 3. In the case at hand, the petitioners are not seeking issuance of an additional or supplemental Award under the 'NH Act', but they are impugning the Award itself. **WP(C) NO. 9605 OF 2022** **4** 4. Obviously, therefore, the petitioners will have to invoke their appropriate remedies under the 'NH Act', particularly Section 3G(5) thereof, to call into question Ext.P2 series Awards. 5. I am persuaded to the afore view also because the learned Senior Government Pleader – Smt.K.Amminikutty and the learned Standing Counsel for the NHAI – Sri.Mathews K. Philip, vehemently assert that Ext.P2 series Awards have been issued by the CALA, taking note of all relevant and germane inputs and therefore, that its challenge cannot be maintained before this Court, but only before the statutory Arbitrator. 6. Since I am in agreement with the afore stand of the learned Senior Government Pleader and Sri.Mathews K. Philp, I am sure that petitioner must be given liberty to approach the competent statutory Arbitrator, under Section 3G(5) against Ext.P2 series Awards. Resultantly, I order this writ petition in the following manner: a) The petitioner is given liberty to approach the competent statutory Arbitrator under the provisions of Section 3G(5) of the 'NH Act'; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, same shall be considered by the said Authority on all issues impelled therein, after affording necessary opportunity of being heard to him, as also the official concerned of the NHAI; thus culminating in an appropriate order and necessary action **WP(C) NO. 9605 OF 2022** **5** thereon, as expeditiously as is possible. b) If, the statutory Arbitrator do not dispose of the applications under Section 3G(5), to be filed in terms of prayer (a) above, within a period of eight months from the date of its receipt, the petitioner is at liberty to approach this Court to fix a time frame, which will be considered taking note of all relevant circumstances. c) I make it reiteratingly clear that all the afore three objections, if raised by the petitioner in his application under Section 3G(5) to be preferred before the statutory Arbitrator, will be considered meticulously, adverting to Ext.P5 series of judgments with respect to the question of salvage, as also the judgment of this Court in **Usman Arif** ( _supra_ ) as regards the tenure of the property acquired. d) The question of interest eligible to the petitioner till the date of Award will also be considered by the statutory Authority and reflected in the resultant order. **sd/-** **DEVAN RAMACHANDRAN JUDGE** rp **WP(C) NO. 9605 OF 2022** **6** ## **APPENDIX OF WP(C) 9605/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE 3A NOTIFICATION DATED 08.06.2018. Exhibit P1(a) TRUE COPY OF THE EA NOTIFICATION DATED 25.06.2019. Exhibit P2 TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/004367/2021 DATED 18.02.2022. Exhibit P2(a) TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/004285/2021 DATED 18.02.2022. Exhibit P2(b) TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/00335/2021 DATED 18.02.2022. Exhibit P2(c) TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/005235/2021 DATED 18.02.2022. Exhibit P2(d) TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/005436/2021 DATED 18.02.2022. Exhibit P2(c) TRUE COPY OF THE 3G AWARD NO.2/2021D2/VPD/005333/2021 DATED 18.02.2022. Exhibit P3 TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO. 217 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED 15.03.2022. Exhibit P3(a) TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO. 220 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED 15.03.2022. Exhibit P3(b) TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO. 218 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED 15.03.2022. Exhibit P3(c) TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO. 216 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED 15.03.2022. Exhibit P3(d) TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO. 219 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED 15.03.2022.** **WP(C) NO. 9605 OF 2022** **7** |**Exhibit P3(e)**|**TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO.**| |---|---| ||**214 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED**| ||**15.03.2022.**| |**Exhibit P3(f)**|**TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO.**| ||**212 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED**| ||**15.03.2022.**| |**Exhibit P3(g)**|**TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO.**| ||**213 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED**| ||**15.03.2022.**| |**Exhibit P3(h)**|**TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO.**| ||**211 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED**| ||**15.03.2022.**| |**Exhibit P3(i)**|**TRUE COPY OF OWNERSHIP CERTIFICATE OF BUILDING NO.**| ||**211 IN WARD 9 OF VALAPPAD GRAMA PANCHAYATH DATED**| ||**15.03.2022.**| |**Exhibit P4**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 217 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(a)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 220 IN WARD NO.9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(b)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 218 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(c)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 216 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(d)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 219 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(e)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 214 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(d)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 219 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| **WP(C) NO. 9605 OF 2022** **8** |**Exhibit P4(e)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| |---|---| ||**NO. 214 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(f)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 212 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(g)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 213 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(h)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 211 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P4(i)**|**TRUE COPY OF BUILDING AGE CERTIFICATE OF BUILDING**| ||**NO. 209 IN WARD NO. 9 OF VALAPPAD GRAMA PANCHAYATH**| ||**DATED 16.03.2022.**| |**Exhibit P5**|**TRUE COPY OF JUDGMENT IN WP(C) NO. 23142 OF 2021**| ||**DATED 30.11.2021.**| |**Exhibit P5(a)**|**TRUE COPY OF THE JUDGMENT IN WP(C) NO. 27967 OF**| ||**2021 DATED 16.12.2021.**| |**Exhibit P5(b)**|**TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2781 OF 2022**| ||**DATED 27.01.2022.**| |**Exhibit P6**|**TRUE COPY OF THE GAZETTEE NOTIFICATION DATED**| ||**28.08.2015.**| |**Exhibit P7**|**TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 7TH RESPONDENT DATED**| ||**14.03.2022 ALONG WITH ITS ACKNOWLEDGEMENT.**| |**Exhibit P7(a)**|**TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 7TH RESPONDENT DATED**| ||**14.03.2022 ALONG WITH ITS ACKNOWLEDGMENT.**| |**Exhibit P7(b)**|**TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 7TH RESPONDENT DATED**| ||**14.03.2022 ALONG WITH ITS ACKNOWLEDGEMENT.**|