Varghese and P. Vrajan v Union of India and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ``` WEDNESDAY, THE 30[TH] DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 ``` ## **`WP(C) NO. 11208 OF 2022`** ## **`PETITIONERS:`** - `1 VARGHESE, S/O. P.G VARGHEE, A.V.MARBLE PALACE, NH ROAD, PALLIPPURAM, THIRUVANANTHAPURAM, KERALA, PIN-695 316` - `2 P.VRAJAN, S/O. P.G VARGHEE, A.V.MARBLE PALACE, NH ROAD, PALLIPPURAM, THIRUVANANTHAPURAM, KERALA, PIN-695 316` ``` BY ADVS. SUJITH MATHEW JOSE ELIZEBATH GEORGE ``` ## **`RESPONDENTS:`** - `1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110 001` - `2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001` - `3 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, CIVIL STATION, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043` - `4 THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY FOR LAND ACQUISITION, NATIONAL HIGHWAY, CIVIL STATION, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043` - `5 THE SPECIAL TAHSILDAR (L.A), NATIONAL HIGHWAY, KAZHAKOOTTAM P.O., THIRUVANNTHAPURAM-695 582` - `6 THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY SUB DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM-695 033` ``` WPC 11208/22 ``` ``` 2 ``` - `7 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, REGIONAL OFFICE-KERALA, PALKULANGARA JUNCTION, THIRUVANANTHAPURAM-695 008` - `8 THE NATIONAL HIGHWAY AUTHORITY OF INDIA, SECTOR 10, DWARAKA, NEW DELHI-110 075, REPRESENTED BY ITS CHAIRMAN` ``` SMT.MABLE.C.KURIAN.SR.G.P. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WPC 11208/22 ``` ``` 3 ``` ## **`JUDGMENT`** Though the petitioners impugn Exts.P23 and P24 Awards - issued by the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act (‘NH Act’ for short), with respect to the property acquired from them for the purposes of the National Highway Authority of India (NHAI) - when this matter was called today, their learned counsel – Sri.Sujith Mathew Jose, confined his plea that his clients be allowed to approach the statutory Arbitrator, under the provisions of Section 3G(5)of the NH Act, impelling the said challenge. 2. Sri.Sujith Mathew Jose made the afore submissions consequent to the opposition of the learned Senior Government Pleader - Smt.Mable C. Kurian, to the effect that since the Awards have been issued by the CALA, they have been rendered functus officio in terms of the judgment of this Court in Usman Arif v. The Project Director, NHAI [2022(1) KLT 35] and that ``` WPC 11208/22 ``` ``` 4 ``` only a statutory challenge against the same is maintainable before the Arbitrator, under Section 3G(5) of the NH Act. Taking note of the afore submissions and since this Court is also of the view that Award will have to be challenged by the petitioner appropriately in the statutory hierarchy, I deem it appropriate to dispose of this Writ Petition with the following directions: a) The petitioners will be at liberty to prefer an appropriate application against Exts.P23 and 24 Awards, under Section 3G(5) of the NH Act, before the Statutory Arbitrator; 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 considered by the said Authority after affording them, as also the competent Authority of the NHAI, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible. If the afore exercise is not completed by the Statutory Authority within a period of eight months from the date of the ``` WPC 11208/22 ``` ``` 5 ``` application to be made by the petitioners in terms of the afore directions, they will be at liberty to approach this Court to fix a time frame, which shall then be considered in terms of law. b) If the petitioners, in their application to be made, raise an objection regarding the valuation of the building standing in the property, the District Collector will consider the same as a preliminary issue and decide whether a re-valuation of same is required, after hearing the petitioners, and issue appropriate proceedings to them. c) Until such time as the afore preliminary objections are disposed of and the resultant orders thereon communicated to the petitioners, all action to demolish the building shall be deferred and shall be taken forward only in terms of the said proceedings. ``` Sd/- ``` ## `SAS/RR` ## **`DEVAN RAMACHANDRAN`** ## **`JUDGE`** ``` WPC 11208/22 ``` ``` 6 ``` ## **`APPENDIX OF WP(C) 11208/2022`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE COPY OF THE SALE DEED NO.863/2017 DATED 25.04.2007` - `Exhibit P2 TRUE COPY OF THE SALE DEED NO.864/2017 DATED 25.04.2007` - `Exhibit P3 TRUE COPY OF THE SALE DEED NO.2716/12 DATED 13.12.2012` - `Exhibit P4 TRUE COPY OF THE NOTIFICATION SO NO.3292 (E) DATED 24.12.2009 ISSUED UNDER SECTION 3A OF THE NH ACT, 1956` - `Exhibit P5 TRUE COPY OF THE NOTIFICATION SO NO.616 (E) DATED 27.03.2012 ISSUED UNDER SECTION 3A OF THE NH ACT, 1956` - `Exhibit P6 TRUE COPY OF THE SOIL INVESTIGATION REPORT DATED 26.03.2011` - `Exhibit P7 TRUE COPY OF THE BUILDING PERMIT NO.A37/11-12 DATED 27.09.2011 OF THE SECRETARY, ANDOORKONAM GRAMA PANCHAYAT` - `Exhibit P8 TRUE COPY OF THE APPROVED PLAN OF THE BUILDING` - `Exhibit P9 TRUE COPY OF THE CERTIFICATE DATED 19.03.2022 ISSUED BY THE ANDOORKONAM PANCHAYAT` - `Exhibit P10 TRUE COPY OF THE PLAN SHOWING THE POSITION AND THE DETAILS OF THE PILE FOUNDATION OF THE BUILDING` - `Exhibit P11 TRUE COPY OF THE SANCTION ORDER NO.TDI127/15 DATED 24.02.2015 OF THE 6TH RESPONDENT` - `Exhibit P12 PHOTOGRAPHS SHOWING THE THINGS AND ASSETS ATTACHED TOT HE LAND AND` ``` WPC 11208/22 ``` ``` 7 ``` ## `BUILDING` - `Exhibit P13` - `TRUE COPY OF THE BILL NO.GS11891 DATED 06.03.2022 FOR TAKING PHOTOGRAPHS` - `Exhibit P14 TRUE COPY OF THE NOTIFICATION SO NO.3268(E) DATED 08.06.2018` - `Exhibit P15` - `TRUE COPY OF THE GRIEVANCE PETITION DATED 19.08.2018 OF THE PETITIONERS` - `Exhibit P16` - `TRUE COPY OF THE JUDGMENT DATED 09.04.2021 IN WPC NO.38437/2018` - `Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 30.07.2021 IN WA NO.792/2021` - `Exhibit P18 TRUE COPY OF THE MAHAZAR DATED 19.11.2020 IN LAC 436/2020` - `Exhibit P19 TRUE COPY OF THE MAHAZAR DATED 19.11.2020 IN LAC 435/2020` - `Exhibit P20 TRUE COPY OF THE MAHAZAR DATED 19.11.2020 IN LAC 435/2020` - `Exhibit P21 TRUE COPY OF THE STRUCTURE VALUATION REPORT DATED 22.06.2021 IN LAC 435/2020` - `Exhibit P22 TRUE COPY OF THE STRUCTURE VALUATION REPORT DATED 22.06.2021 IN LAC 436/2020` - `Exhibit P23 TRUE COPY OF THE LAND ACQUISITION AWARD DATED 31.07.2021 IN LAC 435/2020` - `Exhibit P24 TRUE COPY OF THE LAND ACQUISITION AWARD DATED 31.07.2021 IN LAC 436/2020` - `Exhibit P25 TRUE COPY OF THE LETTER OF RAK CERAMICS LIMITED` - `Exhibit P26 TRUE COPY OF THE LETTER OF NITCO LIMITED` - `Exhibit P27 TRUE COPY OF THE LETTER KAJARIA` ``` WPC 11208/22 ``` ``` 8 ``` ``` CERAMICS LIMITED- ETERNITY DIVISION ``` - `Exhibit P28 TRUE COPY OF THE LETTER OF KAJARIA CERAMICS LIMITED -CERAMICS DIVISION` - `Exhibit P29 TRUE COPY OF THE LETTER OF PRISM JOHNSON LIMITED` - `Exhibit P30 TRUE COPY OF THE LETTER OF GROHE & AMERICAN STANDARD COMPANY` - `Exhibit P31 TRUE COPY OF THE PETITION NO.1/2022/LA DATED 15.01.2022 OF THE PETITIONERS SENT TO THE RESPONDENTS 4.5 & 7` - `Exhibit P32 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARDS` - `Exhibit P33 TRUE COPY OF THE GRIEVANCE PETITION DATED 23.01.2022 OF THE PETITIONERS` - `Exhibit P34 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD` ``` Exhibit P35TRUE COPY OF THE GRIEVANCE PETITION NO.3/2022/LA DATED 07.03.2022 ```