High Court of KeralaSingle JudgePetitions allowed in terms of directing the pet...
WP(C) Nos. 29781/2021, 29716/2021, 29647/2021 (Radhika C.G., Sudharma A.C., I.B. Jayaram v. Union of India & Others)
Case / Petition Number:WP(C) NO. 29781/2021; WP(C) NO. 29716/2021; WP(C) NO. 29647/2021
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Devan Ramachandran
- Judgment Date
- 2021-12-21
- Court Decision / Holding
- The petitions are allowed in the sense that the petitioners may move the competent Arbitrator under Section 3G(5) of the NH Act within two weeks from receipt of the judgment. The Arbitrator will consider the petitions, hear the petitioners, and render appropriate orders expeditiously, in alignment with Safir v. Sajith’s declarations. The CALA is held to be functus officio after the awards, and the manner of determining market value as per Safir binds the district authorities and CALA in subsequent arbitration proceedings.
- Final Disposition
- Petitions allowed in terms of directing the petitioners to approach the Arbitrator under NH Act Sec. 3G(5) within two weeks; CALA functus officio post-award; Arbitrator to proceed expeditiously with hearing and orders consistent with Safir v. Sajith.
Parties to the Case
Appellants / Petitioners
- Radhika C.G.
- Sudharma A.C.
- I.B. Jayaram
Respondents
- Union of India
- State of Kerala
- National Highways Authority of India (NHAI)
- The Project Director, NHAI
- Special Deputy Collector and Competent Authority Land Acquisition
- District Collector, Ernakulam District
Legal Representation & Advocates
Counsels for Petitioners
- • T. B. Thankappan
- • T. T. Harikumar
- • Sujith Kumar
- • Dipin
- • Dileep
- • JEO George
Counsels for Respondents
- • Smt. Surya Binoy
- • Sri Mathews K. Philip
- • Sri Manu S.
- • Sri Rajeev Jyothish George
Case Synopsis & Summary
This Kerala High Court judgment deals with three writ petitions challenging land-acquisition awards under the National Highways Act, 1956, concerning properties along NH66 in Ernakulam district. The petitioners—Radhika C.G., Sudharma A.C., and I.B. Jayaram—sought reassessment of compensation, arguing that the market value and overall compensation should be revisited in light of prior declarations on value determination and Safir v. Sajith (2021) guidance. Respondents, including the Union of India, the State of Kerala, and NHAI, contended that once an award has been issued, the CALA becomes functus officio and reassessment must proceed through the arbitrator under Section 3G(5) of the NH Act, not via court reconsideration. The judge agrees that the law has been settled in Safir v. Sajith and that CALA's functus officio status supports moving the matter to arbitration. He concludes that the petitioners may approach the competent arbitrator within two weeks of the judgment, who will consider the petitions with hearing opportunities and issue appropriate orders expeditiously. In line with Safir, the court directs expeditious action to determine relief within the statutory framework, effectively reframing the remedy from judicial reassessment to arbitration under NH Act 3G(5).
Provisions of Law Cited
National Highways Act, 1956 – Section 3G(5)
Legal Doctrines & Maxims
- functus officio
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners sought reassessment of compensation after awards, arguing inequities in value and seeking judicial review of the awards. They rely on Safir v. Sajith and prior declarations on market-value determination, contending that reassessment should be permissible to rectify undervalued compensation and that the court can review or reopen compensation under applicable law.
Contentions of Respondents
The respondents contended that once an award is issued, the CALA becomes functus officio and cannot reassess within court jurisdiction. The proper remedy is under Section 3G(5) of the NH Act to approach the competent Arbitrator for reassessment, with the CALA and district authorities bound by the arbitrator’s process and Safir’s legal framework guiding the determination of market value.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Safir v. Sajith | 2021 (6) KLT (7) | Positive | The court expressly cites Safir v. Sajith as controlling authority, affirming that the remedy lies in arbitration under NH Act Sec. 3G(5) and that Safir provides the governing approach to market-value determinations and related declarations. |
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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 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943**
**WP(C) NO. 29781 OF 2021**
## **PETITIONER:**
**RADHIKA C.G., AGED 54, W/O.JAYARAM, IRINGATHURUTHY HOUSE, MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK, PALLIPORT P.O., ERNAKULAM, PIN - 683515.**
**BY ADVS.T.B.THANKAPPAN T.T.HARIKUMAR T.U.SUJITH KUMAR DIPIN DILEEP JEO GEORGE**
## **RESPONDENTS:**
- **1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGH WAYS, NEW DELHI - 110 001.**
- **2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.**
- **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, VII/511 B NEITHELI - MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682 030.**
- **5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, NH66 UNIT, ERNAKULAM, (EDAPPALLY – KUTTIPURAM), NORTH PARUR, PIN - 683513.**
- **6 DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION KAKKANAD, PIN - 682030.**
**WP(C) NO.29781/2021 & Con.Cases**
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**SRI MATHEWS K.PHILIP S.C SMT.SURYA BINOY.SR.G.P. SRI.MANU S., ASGI**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WP(C)NOS.29647/2021 AND 29716/2021 ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C) NO.29781/2021 & Con.Cases**
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA,**
**1943**
## **WP(C) NO. 29716 OF 2021**
## **PETITIONER:**
**SUDHARMA.A.C., AGED 59, W/O.I.B.JAWAHAR, IRINGATHURUTHY HOUSE, MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK, PALLIPORT P.O., ERNAKULAM, PIN-683 515.**
**BY ADVS.T.B.THANKAPPAN JEO GEORGE T.T.HARIKUMAR**
## **RESPONDENTS:**
- **1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110 001.**
- **2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.**
- **3 NATIONAL HIGH WAY AUTHORITY OF INDIA, G-586, SECTOR 10, DWARAKA, NEW DELHI, REPRESENTED BY ITS CHAIRMAN, PIN-110 075.**
- **4 THE PROJECT DIRECTOR, NATIONAL HIGH WAY AUTHORITY OF INDIA, VII/511 B NEITHELI - MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, ERNAKULAM DISTRICT, PIN682 030.**
**WP(C) NO.29781/2021 & Con.Cases**
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- **5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGH WAY AUTHORITY OF INDIA, NH 66 UNIT, ERNAKULAM (EDAPPALLY - KUTTIPURAM), NORTH PARAVUR, PIN-683 513.**
- **6 DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, PIN-682 030.**
**SMT.SURYA BINOY.SR.G.P. SRI MATHEWS K.PHILIP S.C. SRI.MANU S., ASGI**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WP(C)NOS.29647/2021 AND 29781/2021 ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C) NO.29781/2021 & Con.Cases**
# **-5-**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA,**
## **1943**
**WP(C) NO. 29647 OF 2021**
## **PETITIONER:**
**I.B.JAYARAM, AGED 64, S/O BAHULEYAN, IRINGATHURUTHY HOUSE, MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK, PALLIPORT P O, ERNAKULAM, PIN-683515.**
**BY ADVS.T.B.THANKAPPAN T.T.HARIKUMAR T.U.SUJITH KUMAR JEO GEORGE**
## **RESPONDENTS:**
- **1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001.**
- **2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.**
- **3 NATIONAL HIGHWAY AUTHORITY OF INDIA G-186, SECTOR-10, DWARAKA, NEW DELHI, REPRESENTED BY ITS CHAIRMAN, PIN-110075.**
- **4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B NEITHELI-MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, ERNAKULAM DISTRICT, PIN-682030.**
**WP(C) NO.29781/2021 & Con.Cases**
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**5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGH WAY AUTHORITY OF INDIA, NH66 UNIT, ERNAKULAM, (EDAPPALLYKUTTIPURAM), NORTH PARUR , PIN-683513.**
**6 DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, PIN-682030.**
**SRI. RAJEEV JYOTHISH GEORGE G.P. SRI.MATHEWS K.PHILIP SRI.MANU S., ASGI**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WP(C)NOS.29716/2021 AND 29781/2021 ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C) NO.29781/2021 & Con.Cases**
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## **JUDGMENT**
There is no doubt – it being also expressly admitted by both sides – that the issues involved in this case have already been spoken to and answered affirmatively by this Court in _**Safir v. Sajith**_ [2021 (6) KLT (7).
2. However, Sri.Mathews K.Philip – learned
Standing Counsel appearing for the National Highway Authority of India (NHAI) and the learned
Senior Government Pleader – Smt.Surya Binoy,
appearing for the official respondents, submitted
that the Awards in these cases have already been
issued and therefore, that the petitioners must
approach the competent Arbitrator under the
provisions of Section 3G(5) of the National
Highways Act, 1956 ('the NH Act', for short), and cannot seek reassessment of the compensation, as has been prayed for.
## **WP(C) NO.29781/2021 & Con.Cases**
**-8-**
3. I must say that I find substantial force in the afore submissions, since this Court has
also declared that once an Award is issued, the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the NH Act, becomes _functus officio_ .
Resultantly, I allow the petitioners to move
the competent Arbitrator under the provisions of Section 3G(5) of the NH Act; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the said Authority will consider the same, adverting
specifically to the declarations of law of this Court in _**Safir**_ (supra), and after affording
opportunities of being heard to the petitioners;
thus culminating in appropriate orders and
necessary action thereon, as expeditiously as is possible.
Needless to say, the District Collector will
**WP(C) NO.29781/2021 & Con.Cases**
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keep in mind that this Court has already spoken upon the manner in which the market value of the properties have to be determined and that the declarations in _**Safir**_ (supra) would bind him, as much as it would have the CALA, while the Awards were issued.
These writ petitions are thus ordered.
**Sd/DEVAN RAMACHANDRAN JUDGE**
akv
**WP(C) NO.29781/2021 & Con.Cases**
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## **APPENDIX OF WP(C) 29781/2021**
## **PETITIONER EXHIBITS**
**EXHIBIT P1**
**TRUE COPY OF SALE DEED NO.1183/2001 DATED 08.03.2001 OF THE SRO, PARAVUR.**
**EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 09.07.2021 FOR THE PERIODS 202122 ISSUED BY THE VILLAGE OFFICER, NORTH PARAVUR.**
**EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 08.10.2021 ISSUED BY THE VILLAGE OFFICER, PARAVUR.**
- **EXHIBIT P4 TRUE COPY OF THE EXTRACTS OF KERALA GAZETTE, EXTRA ORDINARY REGISTERED NO.255 DATED 22.01.2021.**
- **EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 01.10.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.**
- **EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 03.12.2021 TO THE 6TH RESPONDENT MADE BY THE PETITIONER.**
**EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT DATED 03.12.2021.**
**RESPONDENT'S/S EXHIBITS : NIL.**
**//TRUE COPY// P.A. TO JUDGE**
**WP(C) NO.29781/2021 & Con.Cases**
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## **APPENDIX OF WP(C) 29716/2021**
## **PETITIONER EXHIBITS**
- **EXHIBIT P1**
**TRUE COPY OF THE SALE DEED NO.1180 OF 2001 DATED 08.03.2001 OF THE SRO, PARAVUR.**
- **EXHIBIT P2**
**TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.07.2021 DURING THE PERIODS 2021-22 ISSUED BY THE VILLAGE OFFICER, PARAVUR,**
- **EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 08.10.2021 ISSUED BY THE VILLAGE OFFICER, PARAVUR.**
- **EXHIBIT P4**
- **TRUE COPY OF THE GAZETTE, KERALA EXTRA ORDINARY DATED 22.01.2021 PREPARED BY THE LOCAL LEVEL MONITORY COMMITTEE.**
- **EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DATED 09.11.2021 TO THE PETITIONER.**
- **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 03.12.2021 TO THE 6TH RESPONDENT MADE BY THE PETITIONER.**
- **EXHIBIT P7**
**TRUE COPY OF ACKNOWLEDGMENT EVIDENCING RECEIPT OF EXT.P6 ISSUED BY THE OFFICE OF THE 6TH RESPONDENT DATED 03.12.2021.**
## **RESPONDENT'S/S EXHIBITS : NIL.**
**//TRUE COPY// P.A. TO JUDGE**
**WP(C) NO.29781/2021 & Con.Cases**
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## **APPENDIX OF WP(C) 29647/2021**
## **PETITIONER EXHIBITS**
**EXHIBIT P1**
**TRUE COPY OF SALE DEED NO.1182/2001, DATED 08.03.2001 OF THE SRO, PARAVUR.**
**EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 09.07.2021 FOR THE PERIODS 202122 ISSUED BY THE VILLAGE OFFICER, NORTH PARAVUR.**
**EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 08.10.2021, ISSUED BY THE VILLAGE OFFICER, PARAVUR.**
**EXHIBIT P4 TRUE COPY OF THE EXTRACTS OF KERALA GAZETTE, EXTRA REGISTERED NO.255 DATED 22.01.2021.**
**EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 01.10.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER**
**EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 03.12.2021 TO THE 6TH RESPONDENT MADE BY THE PETITIONER.**
**EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT DATED 03.12.2021.**
**RESPONDENT'S/S EXHIBITS : NIL.**
**//TRUE COPY// P.A. TO JUDGE**