ABOOBACKER and others v. UNION OF INDIA and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 5[TH] DAY OF APRIL 2022 / 15TH CHAITHRA, 1944** **WP(C) NO. 9199 OF 2022** ## **PETITIONERS:** 1 ABOOBACKER, AGED 69 YEARS S/O. MUHAMMED KUNJU, VELLALIL HOUSE, KANNAMPALLIBHAGAM, KEERIKKAD (PART), KAYAMKULAM, KARTHIKAPPALLY, ALAPPUZHA-690502. 2 BINU VARGHESE, AGED 41 YEARS S/O. VARGHESE, KALLOOTHARAYIL, PATHIYOOR WEST, KAREELAKULANGARA P.O., ALAPPUZHA-690572. 3 THAHAKUNJU A., AGED 69 YEARS S/O. ABOOBACKERKUNJU, FIRDOAZ MANZIL NEAR MSMHSS, KAYAMKULAM P.O., ALAPPUZHA-690502. 4 SIRAJUDEEN A.A., AGED 67 YEARS S/O. ABOOBAKER KUTY, NADAKKAMEENATHEL, KOTTUKULANGARA, KEERIKKAD, KAYAMKULAM P.O., ALAPPUZHA-690502. 5 SAIFUDEEN A.A., S/O. ABOOBACKERKUTTY, KOYIKAL, KOTTUKULANGARA, KAYAMKULAM P.O., ALAPPUZHA-690502. 6 MOHAMMED SALAHUDDIN, AGED 70 YEARS S/O. MOHAMMEDKUTTY, SHIRAZ MANZIL, ERUVAMURIYIL, PATHIYOOR, KAYAMKULAM P.O., ALAPPUZHA-690502. 7 LIYAS LIYAKATH, AGED 39 YEARS S/O. LIYAKATH, MULLASSERIL HOUSE, KOTTUKULANGARA, KAYAMKULAM P.O., ALAPPUZHA-690502. 8 M. NANDAKUMAR, AGED 49 YEARS S/O. D. MADHAVAN POTTI, KAPPAMOODU HOUSE, NEERKUNNAM, VANDANAM P.O., AMBALAPUZHA P.O., ALAPPUZHA-688005. 9 SAINUL ABDEEN, **WP(C) NO. 9199 OF 2022** **2** AGED 60 YEARS HASEENAS VILLA (SHEEBA MANZIL), KAROOR, AMBALAPPUZHA P.O., ALAPPUZHA-688561. 10 HASEENA SAINUL ABDEEN, AGED 43 YEARS W/O. SAINUL ABDEEN, HASEENAS VILLA (SHEEBA MANZIL), KAROOR, AMBALAPPUZHA P.O., ALAPPUZHA-688561. 11 ABDUL HAKKIM A., AGED 73 YEARS S/O. ABDUL KHADERKUNJU, SHEEBA MANZIL, KAROOR, AMBALAPPUZHA P.O., ALAPPUZHA-688561. 12 AISHA BEEVI, AGED 66 YEARS W/O. ABDUL HAKKIM, SHEEBA MANZIL, KAROOR,M AMBALAPPUZHA P.O., ALAPPUZHA-688561. 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 THE DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI-110001. 3 THE NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA P.O., NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN. 4 THE PROJECT DIRECTOR, NHAI, TC-29/1239/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008. 5 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, NH DIVISION, PUSHPA NAGAR **WP(C) NO. 9199 OF 2022** **3** ROAD, PMG P.O., THIRUVANANTHAPURAM-695033. 6 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695001. 7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NHAI, COLLECTORATE, ALAPPUZHA COLLECTORATE P.O., PIN-688001. 8 THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA-688001. 9 THE ASSISTANT ENGINEER, PWD NH SECTION, AMBALAPPUZHA P.O., ALAPPUZHA-688561. SMT.K.AMMINIKUTTY.SR.G.P. SRI. MATHEWS K PHILIP.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 9199 OF 2022** **4** ## **JUDGMENT** The petitioners allege that while computing the compensation relating to the buildings on the properties now acquired from them for the purposes of the National Highway Authority of India (NHAI), the competent Authority for Land Acquisition (CALA) appointed under the provisions of the National Highways Act (NH Act), has not offered the eligible amounts towards its electrification and plumbing. They say that law in this regard has been declared by this Court in Ext.P6 judgment, but that, without adverting to the same, the CALA is now proceeding to determine the compensation. 2. The petitioners then, pray that CALA be directed to implicitly follow Ext.P6 judgment and determine the amounts eligible to them towards electrification and plumbing of the building, before the Awards under Section 3G(1) **WP(C) NO. 9199 OF 2022** **5** of the NH Act are finalised. 3. In response to the afore submissions of Sri.P.Satheesan –learned counsel for the petitioners, the learned Senior Government Pleader – Smt.K.Amminikutty, submitted that determination of compensation with respect to the acquired properties and buildings of the petitioners has already been completed by the CALA as per the provisions of Section 3G(1) of the “NH Act”; but that the petitioners did not produce any documents in substantiation of their plea impelled in this writ petition. She submitted that, therefore, the remedy of the petitioners is to now approach the competent statutory Arbitrator under the provisions of Section 3G(5) of the “NH Act”, on them obtaining the Awards from the CALA. 4. The learned Standing Counsel for the NHAI – Sri.Mathews K. Philip, endorsed most of the afore submissions of the learned Senior **WP(C) NO. 9199 OF 2022** **6** Government Pleader; but added that as and when the petitioners approach the competent Statutory Arbitrator, said Authority may be directed to hear the concerned official of the NHAI also. 5. When I consider the afore submissions, it is indubitable that this Court has already held in _**Usman Arif v. Project Director** [_ 2022(1)KLT 35] that on the Award being settled by the CALA, said Authority is rendered _functus officio_ and that the owners of properties will have to invoke their statutory remedy of approaching the Arbitrator under Section 3G(5) of the NH Act. 6. Since the learned Senior Government Pleader is vehement in her submissions that determination of the compensation, as required under Section 3G(1) of the “NH Act”, has already been completed, I am certain that all which this Court can now do is to reserve **WP(C) NO. 9199 OF 2022** **7** liberty to the petitioners to approach the competent statutory Arbitrator in terms of law. Resultantly, I order this writ petition with the following directions: (a) allowing the petitioners to approach the CALA for the copies of the Awards in their names; 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 furnished to them, following appropriate procedure, as expeditiously as is possible, but not later than two weeks thereafter: b) On the petitioners so receiving the Awards from the CALA, they will be at liberty to approach the statutory Arbitrator, as per the provisions of Section 3G(5) of the “NH Act”; raising the issues and contentions impelled in this case, and the said Authority will consider each of them, adverting to Ext.P6 judgment of this Court and after affording **WP(C) NO. 9199 OF 2022** **8** necessary opportunity of being heard to the petitioners, as also to the official concerned of the NHAI. c) I also leave liberty to the petitioners to approach this Court after a period of eight months from the date on which their applications under Section 3G(5) of the “NH Act” are preferred before the statutory Arbitrator; and in the event, they are not still disposed of, this Court will consider fixing a time frame for completion of such proceedings, depending upon the circumstances at that time. **Sd/-** ## **DEVAN RAMACHANDRAN** **JUDGE** SAS **WP(C) NO. 9199 OF 2022** **9** ## **APPENDIX OF WP(C) 9199/2022** |PETITIONERS' EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE RELEVANT EXTRACT OF 3D| ||NOTIFICATION DATED 12/02/2019.| |Exhibit P1(A)|TRUE COPY OF THE RELEVANT EXTRACT OF 3D| ||NOTIFICATION DATED 03/12/2020.| |Exhibit P1(B)|TRUE COPY OF THE RELEVANT EXTRACT OF 3D| ||NOTIFICATION DATED 31/12/2020.| |Exhibit P2|TRUE COPY OF THE GAZETTE NOTIFICATION DATED| ||28/08/2015.| |Exhibit P3|TRUE COPY OF THE D.O. LETTER NO. PWD-| ||H3/09/2021-PWD DATED 08/01/2021.| |Exhibit P4|TRUE COPY OF THE VALUATION STATEMENT ISSUED| ||IN MALAPPURAM DISTRICT BY ASSISTANT ENGINEER,| ||NATIONAL HIGHWAY, KUTTIPPURAM.| |Exhibit P4(A)|TRUE COPY OF THE VALUATION REPORT FOR| ||STRUCTURE OF ENRAKULAM DISTRICT DATED| ||13/01/2021.| |Exhibit P4(B)|TRUE COPY OF THE VALUATION REPORT FOR| ||STRUCTURE OF THRISSUR DISTRICT.| |Exhibit P5|TRUE COPY OF THE RTI APPLICATION AND ITS| ||ANSWER DATED 17/11/2021.| |Exhibit P6|TRUE COPY OF THE JUDGMENT IN WPC NO.| ||28263/2021 DATED 28/02/2022.|