Tenetowl LogoTenetowl
High Court of KeralaSingle JudgeDisposed of

Joseph Patrick v. The Arbitrator and District Collector, Thrissur, and Others – WP(C).No.16797/2020 (Y) and connected cases

Case / Petition Number:WP(C).No.16797 of 2020 (Y) and connected cases

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2020-08-25
Court Decision / Holding
These Writ Petitions are disposed of. The court notes the Tarsem Singh decision and Vinodkumar precedents and directs the 2nd respondent to consider petitioners’ representations in light of these precedents, affording opportunity of hearing, and to pass orders within two months from the date of receipt of a copy of the judgment.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Joseph Patrick
  • Saras SADANANDAN
  • Sadanandan
  • Subramonian
  • Ambika
  • Joy Chempakaparambil
  • Moosa
  • Mani @ Kallayani
  • Subeesh Kumar
  • Johny M.D.
  • Kamal
  • Mathai Thomas

Respondents

  • The Arbitrator and District Collector, Thrissur (1)
  • The Special Deputy Collector, SLAO and CALA, NHDP, Thrissur (2)
  • The Project Director, National Highways Authority of India (NHAI), Palakkad (3)

Legal Representation & Advocates

Counsels for Petitioners

  • • George Mecheril
  • • Elizebath George (for Joy Chempakaparambil)

Counsels for Respondents

  • • K.P. Harish, Senior Government Pleader
  • • Bimal K. Nath, Senior Government Pleader
  • • Mathew K. Philip, Senior Counsel (SC)

Case Synopsis & Summary

The Kerala High Court, in a batch of writ petitions involving land acquired for widening the National Highways, examines whether petitioners are entitled to solatium and interest under the Land Acquisition Act (1894) for acquisitions under the National Highways Act (1956). Following the Supreme Court’s Tarsem Singh decision, which held that the Land Acquisition Act provisions relating to solatium and interest apply to NH Act acquisitions and that Section 3J of the NH Act is unconstitutional to the extent it deprives landowners of such benefits, the court notes similar reasoning in Vinodkumar (Kerala High Court, 2020) and directs that the statutory authorities consider the petitioners’ representations in light of those precedents. The petitions challenge compensation sans solatium and interest, and prayer extends to enhanced solatium/interest. After hearing counsel, the court reiterates that Tarsem Singh’s doctrine applies and that the 2nd respondent (Special Deputy Collector) should decide representations within two months from the date of the judgment, affording hearing to parties. The petitions are disposed of with directions to compute and grant the claimed benefits consistent with the Land Acquisition Act and the Supreme Court’s interpretation, ensuring equity in compensation for NH-acquired properties.

Provisions of Law Cited

National Highways Act, 1956Section 3J of the National Highways ActSection 3G of the National Highways ActConstitution of India, Article 14Land Acquisition Act, 1894 – Sections 23(1A), 23(2) and Section 28 proviso

Legal Doctrines & Maxims

  • Solatium and interest under the Land Acquisition Act apply to NH Act acquisitions (Tarsem Singh doctrine)
  • Equality before the law (Article 14) as a constitutional principle restricting deprivation of property without due compensation

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Union of India v. Tarsem Singh (2019) 9 SCC 304 declared Section 3J of the NH Act unconstitutional insofar as it deprives landowners of solatium and interest under the Land Acquisition Act. They submit that solatium and interest are therefore payable under NH Act acquisitions as well, and rely on Vinodkumar (2020) (2 KLT 399) and a 22.02.2020 LAC/781/2009 order treating similar entitlements. They have filed representations seeking enhanced solatium/interest and seek a direction to the 2nd respondent to dispose of them in light of the Supreme Court and Kerala High Court precedents.

Contentions of Respondents

The respondents’ submissions are presented through counsel; they contend the matter requires applying the law consistently with established precedents and that the 2nd respondent should consider representations in line with Tarsem Singh and Vinodkumar, with due opportunity to be heard, and that orders be passed expeditiously within two months from the judgment’s copy. (The material excerpt provides the court’s hearing and reliance on the cited precedents rather than detailed counter-arguments.)

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Union of India and Another v. Tarsem Singh and Others(2019) 9 SCC 304PositiveThe Supreme Court’s ruling in Tarsem Singh is cited to hold that the solatium and interest provisions under the Land Acquisition Act apply to acquisitions under the National Highways Act, rendering Section 3J unconstitutional to the extent it denies those benefits.
Special Deputy Collector, Thrissur and Another v. Vinodkumar and Another(2020) 2 KLT 399PositiveKerala High Court decision applying Land Acquisition Act solatium/interest to NH Act acquisitions; cited as precedent for extending benefits to petitioners.

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 Joseph Patrick v. The Arbitrator and District Collector, Thrissur, and Others – WP(C).No.16797/2020 (Y) and connected cases 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 RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.16797 OF 2020(Y)** ## **PETITIONER:** **JOSEPH PATRICK, AGED 58 YEARS,** **ARAYAMPARAMBIL HOUSE, SILENT NAGAR, PATTIKKAD, THRISSUR.** ## **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENTS:** **1 THE ARBITRATOR AND DISTRICT COLLECTOR, THRISSUR-680001. 2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR-680001. 3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PALAKKAD-679001.** **R1 & R2 BY SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16822/2020(C)AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.16822 OF 2020(C)** ## **PETITIONERS:** - **1 SARASU SADANANDAN, SAYOOJYAM, THOPPIL HOUSE, N.H 47, PATTIKKAD, THRISSUR, PIN 680 652.** - **2 SADANANDAN, SAYOOJYAM, THOPPIL HOUSE, N.H 47, PATTIKKAD, THRISSUR, PIN 680 652. BY ADV. SRI.GEORGE MECHERIL** - **:** - **1 THE ARBITRATOR AND DISTRICT COLLECTOR, THRISSUR-680 001.** - **2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR 680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001. R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** ## **RESPONDENTS:** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C).16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.16944 OF 2020(P)** ## **PETITIONERS:** - **1 SUBRAMONIAN S/O. KOCHAYYAN, CHUNGATHUPARAMBIL, PATTIKKAD P. O., THRISSUR DISTRICT, PIN - 680 652.** **2 AMBIKA, W/O. SUBRAMONIAN, CHUNGATHUPARAMBIL, PATTIKKAD P. O., THRISSUR DISTRICT, PIN - 680 652. BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENTS:** - **1 THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, THRISSUR - 680 001.** - **2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR - 680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PALAKKAD - 679 001.** - **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.16954 OF 2020(T)** ## **PETITIONER:** **JOY CHEMPAKAPARAMBIL, AGED 65 YEARS, KANNARA P.O., PATTIKKAD, THRISSUR PIN-680 652.** **BY ADVS. SRI.GEORGE MECHERIL SMT.ELIZEBATH GEORGE** ## **RESPONDENT/S:** **1 THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, THRISSUR-680 001.** - **2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR-680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA(NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17044 OF 2020(E)** ## **PETITIONER/S:** **MOOSA, AGED 51 YEARS, S/O. VAVUTTY, VARAPPARAMBIL HOUSE, VELLANIKKARA P.O, THRISSUR-680 654.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENT/S:** - **1 THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, THRISSUR-680 001.** - **2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR-680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17134 OF 2020(N)** ## **PETITIONER/S:** - **1 MANI @ KALLAYANI, CHIYYAMVALAPPIL HOUSE, THEKKEKKALAM, PEECHI P.O, THRISSUR DISTRICT, PIN-680 653.** **2 SUBEESH KUMAR, CHIYYAMVALAPPIL HOUSE, THEKKEKKALAM, PEECHI P.O, THRISSUR DISTRICT, PIN-680 653. BY ADVS. SRI.GEORGE MECHERIL SMT.ELIZEBATH GEORGE** ## **RESPONDENT/S:** - **1 THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, THRISSUR-680 001.** - **2 THE SPECIAL DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR-680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C).16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17291 OF 2020(J)** ## **PETITIONER/S:** **JOHNY M.D., AGED 54 YEARS, S/O.DEVASSY, MENACHERY HOUSE, MUKKATTUKARA, NETTISSERY P.O., THRISSUR DISTRICT.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENT/S:** - **1 THE ARBITARTOR (N.H.) AND DISTRICT COLLECTOR, THRISSUR-680 001.** **2 THE DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR-680 001. 3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C) 16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 8** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17298 OF 2020(J)** ## **PETITIONER/S:** **KAMAL, AGED 72 YEARS, S/O. ABDUL KHADER, PATAYAMKOTTU HOUSE, VATTAKKALLU, PATTIKKADU P.O, THRISSUR.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENT/S:** - **1 THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR, THRISSUR-680 001.** - **2 THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), NATIONAL HIGHWAY DEVELOPMENT PROJECT(NHDP), THRISSUR-680 001.** - **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 9** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17346 OF 2020(P)** ## **PETITIONER/S:** **MATHAI THOMAS, AGED 54 YEARS, MOLIKAKALLUKALAYIL, MANNUTHY, VETTICKAL, THRISSUR DISTRICT, PIN-680 651.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENT/S:** - **1 THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR. THRISSUR 680 001.** - **2 THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), NATIONAL HIGHWAY DEVELOPMENT PROJECT (NHDP), THRISSUR-680 001.** **3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD-679 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 10** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.17404 OF 2020(A)** ## **PETITIONER/S:** **JOHNY M.D., AGED 54 YEARS, S/O. DEVASSY, MENACHERY HOUSE, MUKKATTUKARA, NETTISSERY P.O, THRISSUR DISTRICT.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENT/S:** **1 THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR, THRISSUR 680 001.** **2 THE DEPUTY COLLECTOR, SLAO AND CALA, NHDP, THRISSUR 680 001. 3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD 695 001.** **R1 & R2 BY SRI.BIMAL K.NATH, SENIOR GOVERNMENT PLEADER R3 BY SRI.MATHEW K.PHILIP, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020 ALONG WITH WP(C)16797/2020(Y) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16797 OF 2020 & connected cases 11** ## **JUDGMENT** **[WP(C).16797/2020, WP(C).16822/2020, WP(C).16944/2020, WP(C).16954/2020, WP(C).17044/2020, WP(C).17134/2020, WP(C).17291/2020, WP(C).17298/2020, WP(C).17346/2020, WP(C).17404/2020]** The properties owned by the petitioners herein were acquired for the purpose of widening the National Highway invoking the provisions of the National Highways Act, 1956. Aggrieved by the amount of compensation fixed by the Land Acquisition Officer, the petitioners challenged the same before the Arbitrator. Though the amount of compensation was enhanced no sum was granted towards solatium and interest on solatium. 2. The petitioners contend that the Hon’ble Supreme Court in **Union of India and Another v. Tarsem Singh and Others** [(2019) 9 SCC 304] had declared that Section 3J of the National Highways Act insofar as it deprives the landowner of solatium and interest in Section 23(1A) and (2) and interest payable in terms of the proviso to Section 28 is unconstitutional and that those benevolent provisions would apply to acquisitions made under the National Highways Act as well. **WP(C).No.16797 OF 2020 & connected cases 12** 3. It is the case of the petitioners that since the entitlement of the landowners for solatium and interest having been declared by the Apex Court, the petitioners cannot be denied such benefits. Reliance is also placed on ## **Special Deputy Collector, Thrissur and Another v. Vinodkumar and** **Another** [2020 (2) KLT 399] to bring home their point that the petitioners are also entitled to the solatium and interest. 4. The petitioners also contend that a person covered by the same notification was granted enhanced solatium and interest as per proceedings dated 22.2.2020 of the Special Deputy Collector in LAC No.781/2009 taking note of the declaration of law by the Hon’ble Supreme Court and this Court. The petitioners in the said circumstances have filed representations before the 2nd respondent as is evident from Exts.P4 and P5 in some of the cases. Though various reliefs are claimed, the prayer advanced by Sri.George Mecheril, the learned counsel appearing for the petitioners is that the representation filed by the petitioners before the 2nd respondent be ordered to be considered in the light of the judgment of the Apex Court as well as this Court and also the proceedings of the 2nd respondent in LAC No.781/2009. 5. I have heard Sri. George Mecheril, the learned counsel for the petitioners, Sri Mathew Philip, the Standing Counsel appearing for the 3rd respondent and the learned Government Pleader who appeared for the State. **WP(C).No.16797 OF 2020 & connected cases 13** 6. I have considered the submissions advanced. The Hon’ble ## Supreme Court had occasion to hold as follows in **Union of India and** ## **another v. Tarsem Singh case** (Supra); “We therefore declare that the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and therefore, declared to be unconstitutional". ## 7. In **Special Deputy Collector, Thrissur and Another v. Vinodkumar and Another** [2020 (2) KLT 399], it was held thus: 7. In the light of the aforesaid judgment of the Hon'ble Apex Court which struck down Section 3-J of the Act and the judgment of the Madras High Court, the provisions of the Land Acquisition Act, 1894 relating to the payment of solatium and interest will apply to the acquisitions made under the Act. In so far as the directions in the impugned judgment to make payment of solatium and interest are concerned, we observe that the statutory authorities are bound to compute the compensation in terms of Section 3-G of the Act and grant all benefits provided under the Land Acquisition Act, 1894. The benefits shall be given within a period of two months from the date of receipt of a copy of this judgment. 8. In the light of the precedents cited above, I am of the opinion that necessary directions can be issued to the 2nd respondent to consider the representations filed by the petitioners in tune with the precedents cited above. Before passing orders, the 3rd respondent as well as the petitioners shall be afforded an opportunity of being heard. Orders shall be passed by the 2nd respondent expeditiously, at any rate, within a period of two months from **WP(C).No.16797 OF 2020 & connected cases 14** the date of receipt of a copy of this judgment. These Writ Petitions are disposed of. **SD/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** sru **WP(C).No.16797 OF 2020 & connected cases 15** ## **APPENDIX OF WP(C) 16797/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE L.A.C.NO.900/2009 DATED 17.05.2010 PASSED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE AWARD NO.310/2013 IN LAC NO.900/2009 DATED 23.04.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN W.P.(C)NO.16227/2011. EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS/ORDER NO.LAC.781/2009 DATED 22.02.2020.** **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 16** ## **APPENDIX OF WP(C) 16822/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPORTIONMENT OF COMPENSATION UNDER SUB SEC. 3G(3) AND 3G(4) OF N.H ACT AWARDED TO THE PETITIONERS IN LAC NO.1347/2009. EXHIBIT P2 TRUE COPY OF THE APPORTIONMENT OF COMPENSATION UNDER SUB SEC.3G(3) AND 3G(4) OF N.H ACT AWARDED TO THE PETITIONERS IN LAC. 1357/2019. EXHIBIT P3 TRUE COPY OF THE AWARD NO.492/2013 IN LAC NO. 1347/2009 DATED 25-05-2013. EXHIBIT P4 TRUE COPY OF THE AWARD NO. 524/2013 DATED 30-05-2013 IN LAC NO. 1357/2009. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 5-3-2020 IN W.P(C) NO. 16227/2011 EXHIBIT P6 TRUE COPY OF THE PETITION DATED 3-11-2019 FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P7 TRUE COPY OF PROCEEDINGS/ORDER NO. LAC 781/2009 DATED 22-2-2020. RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 17** ## **APPENDIX OF WP(C) 16944/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE L.A.C. NO.798/2009 PASSED BY THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE AWARD NO.508/2013 IN L.A.C. NO.798/2009 DATED 29.05.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.03.2020 IN W.P.(C) NO.3340/2020.** **EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR ON 26.04.2020.** **EXHIBIT P5 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT ON 26.04.2020 IS PRODUCED HEREWITH AND MARKED AS** **EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS / ORDER NO.L.A.C. NO.781/2009 DATED 22.02.2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 18** ## **APPENDIX OF WP(C) 16954/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE L.A.C NO.799/2009 PASSED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE AWARD NO.555/2013 IN LAC NO.799/2009 DATED 5/6/2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18/3/2020 IN WPC NO.3340/2020. EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR ON 18/12/2019. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS/ORDER NO.LAC.781/2009 DATED 22/2/2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 19** ## **APPENDIX OF WP(C) 17044/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPORTIONMENT OF COMPENSATION UNDER SUB SEC. 3G (3)AND 3G(4)OF N.H. ACT AWARDED TO THE PETITIONER IN LAC. NO.671/2009. EXHIBIT P2 TRUE COPY OF THE AWARD NO. 919/2013 IN LAC NO. 671/2009 DATED 24.6.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 5.3.2020 IN W.P.(C) NO.16227/2011. EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN W.P.(C)NO.3387/20. A TRUE COPY OF THE SAID JUDGMENT. EXHIBIT P6 TRUE TYPED COPY OF THE PROCEEDINGS/ORDER NO. LAC.781/2009 DATED 22.2.2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 20** ## **APPENDIX OF WP(C) 17134/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE L.A.C.NO.795/2009 DATED NIL PASSED BY THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE AWARD NO. 269/2013 IN LAC NO.795/2009 DATED 17.4.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN W.P.(C)NO. 3315/2020.** **EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT ON 26.4.2020. EXHIBIT P6 TRUE COPY OF PROCEEDINGS /ORDER NO. LAC. 781/2009 DATED 22.2.2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 21** ## **APPENDIX OF WP(C) 17291/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LAC NO.1191/2009 OF THE SPL.DEPUTY TAHSILDAR AND COMPETENT AUTHORITY. EXHIBIT P2 TRUE COPY OF THE AWARD IN NO.911/2013 OF THE ARBITRATOR IN LAC 1191/2009 DATED 24.06.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.03.2020 IN WPC NO.3315/2020.** **EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF COMMUNICATION NO.LAC 111/09/A6 DATED 10.12.2019 ISSUED TO KUTTAPPAN ACHARI. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 18.02.2020 IN WPC NO.1442/2019. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO.LAC.781/2009 DATED 22.02.2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 22** ## **APPENDIX OF WP(C) 17298/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE APPORTIONMENT OF COMPENSATION BY THE COMPETENT AUTHORITY.** **EXHIBIT P2 TRUE COPY OF THE AWARD NO. 395/2013 IN LAC.NO. 716/2009 DATED 10.05.2013. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN W.P.(C) NO. 3315/2020.** **EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO. LAC 111/09/A6 DATED 10.12.2019 ISSUED TO KUTTAPPAN ACHARI. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.2.2020 IN W.P.(C) NO. 1442/2019. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO. LAC 781/2009 DATED 22.2.2020.** ## **RESPONDENTS' EXHIBITS:** NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 23** ## **APPENDIX OF WP(C) 17346/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS IN LAC NO. 615/09 OF THE SPL. DEPUTY COLLECTOR AND COMPETENT AUTHORITY.** **EXHIBIT P2 TRUE COPY OF THE AWARD IN NO. 272/2012 OF THE ARBITRATOR IN LAC.NO. 615/2009 DATED 01.10.2012.** **EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.03.2020 IN W.P.(C)NO. 3315/2020.** **EXHIBIT P4 TRUE COPY OF THE PETITION DATED 19.5.2020, FILED BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.LAC 111/09/A6 DATED 10.12.2019 ISSUED TO KUTTAPPAN ACHARI. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.2.2020 IN W.P.(C) NO. 1442/2019. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO. LAC 781/2009 DATED 22.2.2020.** RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE **WP(C).No.16797 OF 2020 & connected cases 24** ## **APPENDIX OF WP(C) 17404/2020** **PETITIONER'S/S EXHIBITS:** ## **EXHIBIT P1** **TRUE COPY OF THE PROCEEDINGS IN LAC NO. 307/09 OF THE SPL. DEPUTY COLLECTOR AND COMPETENT AUTHORITY.** **EXHIBIT P2 TRUE COPY OF THE AWARD IN NO. 1/2013 OF THE ARBITRATOR IN LAC 307/2009 DATED 03-01-2013.** **EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18-03-2020 IN W.P(C) NO. 3315/2020.** - **EXHIBIT P4 TRUE COPY OF THE PETITION FILED ON 8-12-2019 BEFORE THE DISTRICT COLLECTOR AND THE ARBITRATOR.** **EXHIBIT P5 TRUE COPY OF COMMUNICATION NO. LAC 111/09/A6 DATED 10-12-2019 ISSUED TO KUTTAPPAN ACHARI** **EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 18-02-2020 IN W.P(C) NO. 1442/2019.** **EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO. LAC/783/2009 DATED 22-2-2020.** RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE