M.K. Yousaf and others v. Union of India and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM ``` ``` WEDNESDAY, THE 26[TH] DAY OF JUNE 2024 / 5TH ASHADHA, 1946 ``` ``` WP(C) NO. 22822 OF 2024 ``` ## **`PETITIONERS:`** - **`1 M. K. YOUSAF, AGED 63 YEARS S/O. MUHAMMED KUNJU,AAYANTEKALAM (M. K. Y MANZIL), THOTTAPPALLY P.O., ALAPPUZHA, PIN - 688561`** - **`2 CHANDRAMOHANAN K. C., AGED 63 YEARS S/O. CHELLAPPAN PILLAIINDEEVARAM, KAREELAKULANGARA P.O., ALAPPUZHA, PIN - 690572`** - **`3 ABOOBACKER, AGED 73 YEARS VELLALIL, KANNAMPALLY BHAGAM, KAYAMKULAM P.O., ALAPPUZHA, PIN - 690502`** - **`4 P. PONNAMMA, AGED 87 YEARS VALAYAKKATHU HOUSE,MALAMEL BHAGAM, KAREELAKULANGARA P.O.,ALAPPUZHA, PIN - 690572`** - **`5 SYAMA S., AGED 71 YEARS SREEVILASAM,CHEPPAD P.O., ALAPPUZHA, PIN - 690572`** - **`6 ABDUL KHADAR M., AGED 59 YEARS KARIMPIL HOUSE,MAHADEVIKAD, KARTHIKAPALLY P.O.,ALAPPUZHA, PIN - 690516`** - **`7 SHAHURBAN, AGED 55 YEARS KARIMPIL HOUSE, MAHADEVIKAD, KARTHIKAPALLY P.O., ALAPPUZHA, PIN - 690516`** - **`8 LALY A. S., AGED 56 YEARS ARESSERIL PUTHUVAL HOUSE, NANGIARKULANGARA P.O., ALAPPUZHA, PIN – 690513`** WP(C) No.22822 of 2024 2 - **`9 BINU VARGHESE, AGED 44 YEARS KALLOOTHARAYIL HOUSE,PATHIYOOR WEST, KAREELA KULANGARA P.O., ALAPPUZHA, PIN - 690572`** - **`10 ANIL KUMAR C. K., AGED 59 YEARS VRINDAVANAM,CHERTHALA P. O., ALAPPUZHA, PIN – 688524`** - **`11 MURALI MOHAN C. K.,AGED 61 YEARS VRINDAVANAM,CHERTHALA P. O., ALAPPUZHA, PIN - 688524`** - **`12 PRAVEEN C. K., AGED 48 YEARS VRINDAVANAM,CHERTHALA P. O., ALAPPUZHA, PIN - 688524`** - **`13 C. K. RAJEEV, AGED 66 YEARS VRINDAVANAM,CHERTHALA P. O., ALAPPUZHA, PIN - 688524`** - **`14 G. CHERIYAN, AGED 76 YEARS AMAN COTTAGE,PATHIYOOR WEST, KAREELAKULANGARA P.O., ALAPPUZHA, PIN - 690572`** - **`15 SREEKUMAR K., AGED 56 YEARS SREEBHAVAN,RAMAPURAM,KEERIKADU P.O., ALAPPUZHA, PIN - 690508`** - **`16 DR. USHA JACOB, AGED 82 YEARS VADAKADATH,CHEPPAD P.O.,ALAPPUZHA, PIN - 690507`** - **`17 VARGHESE THOMAS, AGED 50 YEARS VADAKADATH,CHEPPAD P.O.,ALAPPUZHA, PIN - 690507`** - **`18 JACOB THOMAS, AGED 45 YEARS VADAKADATH,CHEPPAD P.O., ALAPPUZHA, PIN - 690507`** - **`19 ACHAMMA DAVIDSON, AGED 73 YEARS PAYIKKATTU SHIBIN VILLA,KEERIKKADU P.O., ALAPPUZHA, PIN - 690508`** - **`20 SAINUL ABDEEN, AGED 62 YEARS`** WP(C) No.22822 of 2024 3 ``` SHEEBA MANZILKAROOR,AMBALAPPUZHA P.O., ALAPPUZHA, PIN - 688561 ``` - **`21 HASEENA, AGED 44 YEARS SHEEBA MANZILKAROOR,AMBALAPPUZHA P.O., ALAPPUZHA, PIN - 688561`** - **`22 SASI R., AGED 51 YEARS THATTAKKATTU THOPPIL,PUNTHALA, PURAKKAD P.O.,ALAPPUZHA, PIN - 688561`** - **`23 JAIMON KORAH, AGED 51 YEARS CHEMPAKASSERIL,BERNAD KAVALA, PATHIRAPALLY P.O., ALAPPUZHA -, PIN - 688521`** - **`24 AISHA BEEVI, AGED 69 YEARS SHEEBA MANZIL,KAROORAMBALAPPUZHA P.O., ALAPPUZHA, PIN - 688561`** - **`25 T. N PRASANNAKUMAR, AGED 65 YEARS THANDALATHU HOUSE,VADAKKUMTHALA`** ``` P.O.,KARUNAGAPPALY, KOLLAM, PIN - 690536 ``` ``` 26DR. RIYAZ AHAMMED, AGED 51 YEARS NAZREEN HOUSE,KULANGARABHAGOM, CHAVARA BRIDGE P.O., KOLLAM, PIN - 691583 ``` - **`27 MUHAMMED KUNJU,AGED 77 YEARS`** - **`S/O. ALIYARU KUNJU,PUNNAMOOTTIL, KOZHIKODE MEKKU, S V MARKET P.O., KOLLAM, PIN - 690573`** - **`28 KRISHNA PILLAI,AGED 73 YEARS S/O. BASKARANPILLAI,THOPPIL, PAYIKUZHI, OACHIRA P.O.,KOLLAM, PIN - 690526`** - **`29 RAJALEKSHMY, AGED 65 YEARS`** - **`W/O. B. KRISHNAPILLAI, THOPPIL, PAYIKUZHI, OACHIRA P.O., KOLLAM, PIN - 690536`** WP(C) No.22822 of 2024 4 ``` BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT SHAHIR SHOWKATH ALI CHELSON CHEMBARATHY ABEE SHEJIRIK FASLA N.K MUHAMED JUNAID V. ADITH KRISHNAN.U. SHERIN SHERIYAR AFEEFA NAFEESA C.C. ``` ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN - 110001`** - **`2 STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW DELHI,REPRESENTED BY ITS CHAIRMAN, PIN - 110075`** - **`4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-29/1539/1, RAJASREEKAIRALI,`** ``` PERUMTHANNI,VALLAKKADAVU P.O, THIRUVANANTHAPURAM, PIN - 695008 ``` - **`5 DISTRICT COLLECTOR AND COMPETENT ARBITRATOR LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA-688001, PIN - 688001`** - **`6 DISTRICT COLLECTOR AND COMPETENT ARBITRATOR`** - **`LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA,`** WP(C) No.22822 of 2024 5 ``` COLLECTORATE, KOLLAM, PIN - 691013 ``` - **`7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA, PIN - 688001`** - **`8 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, KOLLAM, PIN - 691013`** ## **`OTHER PRESENT:`** ## **`SR.GP-DEEPA NARAYANAN`** ``` DSG in chrage Sri.T.C.Krishna ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) No.22822 of 2024 6 ## **VIJU ABRAHAM, J.** **................................................................. W.P.(C) No.22822 of 2024 .................................................................** Dated this the 26[th] day of June, 2024 ## **JUDGMENT** Petitioners have approached this Court seeking a direction to respondents 5 and 6 to consider and pass orders on Exts.P26 to P49 additional claim statements/claim statements submitted by them within a time limit to be fixed by this Court taking into consideration Ext.P25 judgment passed by this Court after affording an opportunity of hearing to the petitioners. 2. It is averred that certain portion of the property of the petitioners was acquired for the purpose of widening of NH66 at Alappuzha and Kollam Districts. Exts.P1 to P24 are the awards passed in respect of the property of the petitioners. Aggrieved by the same they have preferred applications under Sections 3G(5) of the National Highways Act, 1956 before respondents 5 and 6 since the property is lying in two districts. 3. This Court as per Ext.P25 judgment in **State of Kerala v. V.J.Mathew and others (2024 3 KHC 413)** has held that the additional market value of the land referred in Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and WP(C) No.22822 of 2024 7 Resettlement Act, 2013 covers the structure as well. Petitioners claiming the benefit of Ext.P25 judgment have preferred Exts.P26 to P45 before the 5[th] respondent and Exts.P46 to P49 before the 6[th] respondent which are stated to be pending consideration before the said respondents. Petitioners seek for an expeditious disposal of the same. 4. Heard the learned Government Pleader as well as the learned DSG in-charge appearing for respondents 1 to 4. After hearing the parties, I am inclined to dispose of the writ petition with a direction to the 5[th] respondent to consider and pass orders on Exts.P26 to P45 applications and also a direction to the 6[th] respondent to consider and pass orders on Exts.P46 to P49 applications while finalising the proceedings on the arbitration petitions pending before respondents 5 and 6 after affording an opportunity of being heard to the petitioners and any other affected parties. Respondents 5 and 6 shall finalise the proceedings without much delay, preferably within an outer limit of eight months from the date of receipt of a copy of the judgment. With the above direction, writ petition is disposed of. Sd/- **VIJU ABRAHAM** **JUDGE** cks WP(C) No.22822 of 2024 8 The following sentences are added after the last paragraph in the judgment dated 26.06.2024 in WP(C) No.22822/2024(C) as per order dated 19.07.2024 in IA No.1/2024 in WP(C) No.22822/2024(C). “Respondents 5 and 6 while taking a decision as directed above shall also take into consideration Ext.P25 judgment dated 04.04.2024 in LAA Nos.46 of 2019, 107 of 2019 and 49 of 2023 and Cross Objection No.58 of 2023 in LAA No.49 of 2023. Petitioners shall produce a copy of Ext.P25 judgment before respondents 5 and 6.” Sd/- Joint Registrar WP(C) No.22822 of 2024 9 ## **`APPENDIX OF WP(C) 22822/2024`** ## **`PETITIONER EXHIBITS`** - **`Exhibit P1 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER NO. 1 DATED 13.11.2021`** - **`Exhibit P2 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER DATED 30.04.2022`** - **`Exhibit P3 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER DATED 30.04.2022`** - **`Exhibit P4 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 3RD PETITIONER DATED 30.04.2022`** - **`Exhibit P5 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 4TH PETITIONER DATED 01.02.2022`** - **`Exhibit P6 THE TRUE COPY OF AWARD ISSUED BY THE 7TH RESPONDENT TO THE 5TH PETITIONER DATED 19.03.2022`** - **`Exhibit P7 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER NOS. 6 AND 7 DATED 10.06.2022`** - **`Exhibit P8 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 8TH PETITIONER DATED 31.03.2022`** - **`Exhibit P9 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 9TH PETITIONER DATED 10.06.2022`** - **`Exhibit P10 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 9TH PETITIONER DATED 15.06.2022`** - **`Exhibit P11 THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER NOS.`** WP(C) No.22822 of 2024 10 ``` 10, 11, 12 AND 13 DATED 16.05.2022 Exhibit P12THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER NOS. 10, 11, 12 AND 13 DATED 18.05.2022 ``` ``` Exhibit P13THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 14TH PETITIONER DATED 23.06.2022 ``` ``` Exhibit P14THE TRUE COPY OF THE AWARD ISSUED BY THE 7TH RESPONDENT TO THE 15TH PETITIONER DATED 16.02.2022 ``` - **`Exhibit P15 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NOS. 16, 17 AND 18 DATED 26.10.2022`** - **`Exhibit P16 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NO. 19 DATED 30.05.2022`** - **`Exhibit P17 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NOS. 20 AND 21 DATED 25.05.2022`** - **`Exhibit P18 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NO. 22 DATED 15.12.2021`** - **`Exhibit P19 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NO. 23 DATED 19.11.2021`** - **`Exhibit P20 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 7 TO THE PETITIONER NO. 24 AND HER DECEASED HUSBAND DATED 25.05.2022`** - **`Exhibit P21 THE TRUE COPY OF THE AWARD ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER NO. 25 DATED 24.12.2021`** - **`Exhibit P22 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 8 TO THE PETITIONER NO. 26 DATED 22.02.2022`** WP(C) No.22822 of 2024 11 ``` Exhibit P23THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 8 TO THE PETITIONER NO. 27 DATED 01.02.2022 ``` - **`Exhibit P24 THE TRUE COPY OF THE AWARD ISSUED BY THE RESPONDENT NO. 8 TO THE PETITIONER NOS. 28 AND 29 DATED 29.07.2021`** - **`Exhibit P25 THE TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN STATE OF KERALA VS. V.J. MATHEW AND ORS. (2024 3 KHC 413) DATED 04.04.2024`** - **`Exhibit P26 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P27 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P28 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P29 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 3RD PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P30 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 4TH PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P31 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 5TH PETITIONER TO THE 5TH RESPONDENT`** - **`Exhibit P32 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE PETITIONER NOS. 6 AND 7 TO THE 5TH RESPONDENT`** - **`Exhibit P33 THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 8TH PETITIONER TO THE 6TH RESPONDENT`** - **`Exhibit P34 THE TRUE COPY OF THE ADDITIONAL CLAIM`** WP(C) No.22822 of 2024 12 ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| |---|---| ||**`THE 9TH PETITIONER TO THE 5TH RESPONDENT`**| |**`Exhibit P35`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE 9TH PETITIONER TO THE 5TH RESPONDENT`**| |**`Exhibit P36`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE PETITIONER NOS. 10, 11, 12 AND 13 TO`**| ||**`THE 6TH RESPONDENT`**| |**`Exhibit P37`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE PETITIONER NOS. 10, 11, 12 AND 13 TO`**| ||**`THE 6TH RESPONDENT`**| |**`Exhibit P38`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE 14TH PETITIONER TO THE 5TH`**| ||**`RESPONDENT`**| |**`Exhibit P39`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE 15TH PETITIONER TO THE 5TH`**| ||**`RESPONDENT`**| |**`Exhibit P40`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE PETITIONER NOS. 16, 17 AND 18 TO THE`**| ||**`5TH RESPONDENT`**| |**`Exhibit P41`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE 19TH PETITIONER TO THE 5TH`**| ||**`RESPONDENT`**| |**`Exhibit P42`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE PETITIONER NOS. 20 AND 21 TO THE 5TH`**| ||**`RESPONDENT`**| |**`Exhibit P43`**|**`THE TRUE COPY OF THE ADDITIONAL CLAIM`**| ||**`STATEMENT DATED 11.06.2024 SUBMITTED BY`**| ||**`THE 22ND PETITIONER TO THE 5TH`**| WP(C) No.22822 of 2024 13 ## **`RESPONDENT`** ``` Exhibit P44THE TRUE COPY OF THE CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE PETITIONER NO. 23 TO THE 5TH RESPONDENT Exhibit P45THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 24TH PETITIONER TO THE 5TH RESPONDENT ``` ``` Exhibit P46THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 25TH PETITIONER TO THE 6TH RESPONDENT Exhibit P47THE TRUE COPY OF THE ADDITIONAL CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 26TH PETITIONER TO THE 6TH RESPONDENT Exhibit P48THE TRUE COPY OF THE CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE 27TH PETITIONER TO THE 6TH RESPONDENT Exhibit P49THE TRUE COPY OF THE CLAIM STATEMENT DATED 11.06.2024 SUBMITTED BY THE PETITIONER NOS. 28 AND 29 TO THE 6TH RESPONDENT ```