High Court of KeralaSingle JudgeWrit petition disposed with directions as state...

LIYAS LIYAKATH v. UNION OF INDIA & OTHERS

Case / Petition Number:WP(C) NO. 9449 OF 2022
Neutral Citation:/

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

National Highways Act, 1956 – Section 3G(1)National Highways Act, 1956 – Section 3G(5)Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013II Schedule of the Fair Compensation Act (RFCTLAR Act)

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 NameCitationTreatmentExplanation
M.K. Yousaf and Others v. Union of India and OthersWP(C)No. 28263/2021Mentioned OnlyCited in the context of salvage/valuation considerations; used to guide but not applied as a binding ruling in the present decision.

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 LIYAS LIYAKATH v. UNION OF INDIA & OTHERS 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 DEVAN RAMACHANDRAN TUESDAY, THE 5[TH] DAY OF APRIL 2022 / 15TH CHAITHRA, 1944** ## **WP(C) NO. 9449 OF 2022** ## **PETITIONER:** LIYAS LIYAKATH, AGED 39 YEARS S/O. LIYAKATH, MULLASSERIL HOUSE, KOTTUKULANGARA, KAYAMKULAM P.O., ALAPPUZHA 690 502. BY ADVS. P.SATHISAN DONA AUGUSTINE ## **RESPONDENTS:** 1 UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI P.O., 110001. 2 DIRECTOR GENERAL (ROADS DEVELOPMENT), AND SPECIAL SECRETARY, ROOM NO. 213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANS PORT, BHAVAN, I, 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, REP. BY ITS CHAIRMAN. 4 THE PROJECT DIRECTOR , NHAI, TC- 29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM 695 008. 5 CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, NH DIVISION, PUSHPA NAGAR ROAD, PMG P.O., THIRUVANANTHAPURAM 695 033. 6 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM P.O., 695 001. 7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, **WP(C) NO. 9449 OF 2022** **2** LAND ACUISITION, NHAI, COLLECTORATE, ALAPPUZHA COLLECTORATE P.O., 688 001. 8 DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION , ALAPPUZHA, KERALA 688 001. 9 ASSISTANT ENGINEER, PWD NH SECTION, AMBALPPUZHA, AMBALPPUZHA P.O., ALAPPUZHA 688 013. 10 AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN KAYAMKULAM, KAYAMKULAM P.O. ALAPPUZHA 690 502. SMT.K.AMMINIKUTTY.SR.G.P. AND SRI BIDAN CHANDRAN 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. 9449 OF 2022** **3** ## **JUDGMENT** The petitioner alleges that even though his property has been acquired and certain amounts, alleged to be the compensation against it, having been deposited in his account, he has not been favoured with a copy of the final order under Section 3G(1) of the National Highways Act (NH Act) yet. 2. Sri.P.Sathisan – learned counsel for the petitioner, further submitted that his client has various contentions against determination of the compensation by the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act (hereinafter referred to as the “NH Act” for short), particularly, that amounts towards “salvage” have been unfairly deducted; the eligible amounts towards “electrification” and “plumbing”, as also for the value of the entire **WP(C) NO. 9449 OF 2022** **4** building, have been refused and that the eligible benefits as per II Schedule of the “Fair Compensation Act” has been refused. He, therefore, prayed that CALA be directed to issue to his client the Final Award under Section 3G(1) of the “NH Act”, within a time frame to be fixed by this Court, so that he can then invoke his appropriate remedies under Section 3G(5) of the said Act. 3. The learned Senior Government Pleader – Smt.K.Amminikutty, in response, submitted that if the petitioner has not received a copy of the Final Order under Section 3G(1) of the “NH Act”, same can be furnished on him approaching the CALA any day now. 4. Sri.Bidan Chandran – learned Standing Counsel for the NHAI, submitted that his client has no comment to make as regards the contentions of the petitioner at this stage; **WP(C) NO. 9449 OF 2022** **5** but that, as and when he prefers an application under Section 3G(5) of the “NH Act” before the competent Statutory Arbitrator, the official concerned of the NHAI also be directed to be heard. Taking note of the afore submissions, I dispose of this writ petition with the following orders: (a) I leave liberty to the petitioner to approach the CALA within a period of one week from the date of receipt of a copy of this judgment; in which event, the copy of the Final Order/Award under Section 3G(1) of the “NH Act” will be favoured to him, without any delay, but not later than ten days thereafter. (b) On the petitioner receiving the Final Order Award from the CALA as afore, he will be at liberty to prefer an appropriate application under Section 3G(5) of the “NH Act” before the **WP(C) NO. 9449 OF 2022** **6** statutory Arbitrator – District Collector; in which event, said Authority will proceed to consider the same, after hearing him, as also the officials concerned of the NHAI; thus leading to appropriate orders and necessary action thereon, as expeditiously as is possible. (c) I further permit the petitioner to approach this Court for fixing a time frame for the order to be issued by the statutory Arbitrator, if the same is not issued, within a period of eight months from the date on which it is made in terms of the afore directions. (d) Needless to say, I leave full liberty to the petitioner to invoke every objection, including those relating to the “salvage”; “electrification” and “plumbing”, as also the value of the building; and the benefits under II Schedule of the “Fair Compensation Act”. If **WP(C) NO. 9449 OF 2022** **7** it is so done, then the District Collector will advert to Exts.P8 and P8(a) judgments (with respect to salvage); _**M.K.Yousaf and Others v. Union of India and Others**_ [WP(C)No.28263/2021] as also the impact of Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, taking note of Exts.P6 and P7 Valuation report. **Sd/-** SAS **DEVAN RAMACHANDRAN JUDGE** **WP(C) NO. 9449 OF 2022** **8** ## **APPENDIX OF WP(C) 9449/2022** |PETITIONER'S EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE 3D NOTIFICATION DATED| ||03.12.2020.| |Exhibit P2|TRUE COPY OF THE LAND TAX RECEIPT NO.| ||KL04041008704/2021 DATED 19.11.2021.| |Exhibit P3|TRUE COPY OF BUILDING TAX RECEIPT NO 137364| ||DATED 28.01.2021 OF KAYAMKULAM MUNICIPALITY.| |Exhibit P4|TRUE COPY OF BUILDING TAX RECEIPT NO. 137364| ||DATED 28.01.2021 OF KAYAMKULAM MUNICIPALITY.| |Exhibit P5|TRUE COPY OF BUILDING TAX RECEIPT NO. 137363| ||DATED 28.01.2021 OF KAYAMKULAM MUNICIPALITY.| |Exhibit P6|TRUE COPY OF THE VALUATION REPORT FOR| ||STRUCTURE DATED 06.09.2021.| |Exhibit P7|TRUE COPY OF THE REPORT OF THE 10TH| ||RESPONDENT DATED 17.03.2022.| |Exhibit P7 (A)|TRUE COPY OF THE DECLARATION OF THE FISHERIES| ||EXTENSION OFFICER, MATSYABHAVAN, ARATTUPUZHA| ||DATED 17.3.2022.| |Exhibit P8|TRUE COPY OF THE JUDGMENT IN WPC NO. 23142 OF| ||2021 DATED 30.11.2021.| |Exhibit P8 (A)|TRUE COPY OF THE JUDGMENT IN WPC NO . 27967| ||OF 2021 DATED 16.12.2021.| |Exhibit P9|TRUE COPY OF THE KERALA GAZETTA NOTIFICATION| ||G.O.(P) NO. 54/2020/RD DATED 14.08.2020.| |Exhibit P10|TRUE COPY OF THE RTI APPLICATION SUBMITTED| ||BEFORE THE 9TH RESPONDENT DATED 08.09.2021| ||AND ITS REPLY DATED 17.11.2021.| |Exhibit P11|TRUE COPY OF THE GAZETTE NOTIFICATION DATED| ||28.08.2015.|