LIYAS LIYAKATH v. UNION OF INDIA & OTHERS
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Devan Ramachandran
- Single Judge
- Judgment Date
- 2022-04-05
- Court Decision / Holding
- Writ petition disposed with directions: (a) petitioner to approach CALA within one week of receipt of this judgment to obtain the Final Order/Award under Section 3G(1) of the NH Act, without delay but within ten days thereafter; (b) upon receipt, petitioner may file an appropriate application under Section 3G(5) before the District Collector/Statutory Arbitrator, which shall be heard with the participation of the NHAI officials; (c) petitioner may seek the Court’s guidance for a time-frame if the order is not issued within eight months from the date of this judgment; (d) liberty to raise objections including salvage, electrification, plumbing, and II Schedule benefits; the District Collector to refer to Exts.P8 and P8(a) and related judgments and the impact of Section 94 of RFCTLAR Act; (e) liberty to pursue further remedies expeditiously as per law.
- Final Disposition
- Writ petition disposed with directions as stated above.
Parties to the Case
Appellants / Petitioners
- LIYAS LIYAKATH
Respondents
- Union of India
- Director General (Roads Development) and Special Secretary, MoRTH
- National Highways Authority of India
- The Project Director, NHAI
- Chief Engineer, PWD NH Division
- The Principal Secretary, Revenue Department
- Special Deputy Collector and Competent Authority, Land Acquisition, NHAI
- District Collector, Alappuzha
- Assistant Engineer, PWD NH Section, Ambalppuzha
- Agricultural Field Officer, Krishi Bhavan Kayamkulam
Legal Representation & Advocates
Counsels for Petitioners
- • P. Sathisan
- • Dona Augustine
Counsels for Respondents
- • Smt. K. Amminikutty
- • Sri. Bidan Chandran
Case Synopsis & Summary
This Kerala High Court writ petition concerns the acquisition of the petitioner’s property under the National Highways Act and the subsequent determination of compensation. The petitioner, Liyas Liyakhath, asserts that although the property has been acquired and the compensation money deposited, he has not received a copy of the Final Order under Section 3G(1) of the NH Act. He contends that certain elements of entitlement—salvage, electrification, and plumbing—along with benefits under the II Schedule of the Fair Compensation Act, have been improperly denied, and seeks issuance of the Final Award by CALA to enable him to pursue remedies under Section 3G(5). The Senior Government Pleader replies that a copy of the Final Order can be furnished by CALA if requested. The NHAI’s counsel indicates no opinion on the merits but states he will be heard if the petitioner moves under Section 3G(5) before a statutory Arbitrator. The Court disposes of the petition by directing CALA to furnish the Final Order under 3G(1) within a specified time after receipt of the judgment, and to entertain the 3G(5) application thereafter, including a right to challenge salvage, electrification, plumbing, and II Schedule benefits. The order also permits the petitioner to seek a time-bound framework if the process stalls, and references relevant precedents for salvage and valuation considerations.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that although acquisition is complete and compensation amounts have been deposited, he has not received a copy of the Final Order under Section 3G(1) of the NH Act. He alleges unfair deduction of salvage, and denial of eligible components such as electrification, plumbing, and II Schedule benefits under the Fair Compensation Act. He prays for CALA to issue the Final Award under Section 3G(1) so that he can pursue remedies under Section 3G(5) before the statutory Arbitrator, with an expedited process.
Contentions of Respondents
The Senior Government Pleader submits that a copy of the Final Order under Section 3G(1) can be supplied by CALA if requested; the NHAI expresses no particular comment and agrees that, upon filing a 3G(5) application, the relevant official from NHAI should be heard. The respondents indicate willingness to participate in the 3G(5) proceedings and to address the petitioner’s objections, including those related to salvage, electrification, and plumbing, as well as II Schedule benefits.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| M.K. Yousaf and Others v. Union of India and Others | WP(C)No. 28263/2021 | Mentioned Only | Cited in the context of salvage/valuation considerations; used to guide but not applied as a binding ruling in the present decision. |
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