Writ Petition (Civil) No. 9545/2022

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ## **`TUESDAY, THE 29[TH] DAY OF MARCH 2022 / 8TH CHAITHRA, 1944`** ## **`WP(C) NO. 9545 OF 2022`** ## **`PETITIONERS:`** - `1 JAYAMOHANAN G, AGED 79 YEARS, S/O.GOPALAN, CHITHRALAYAM, THOTTAPPALLY, THOTTAPPALLY P.O., PURAKKAD, ALAPPUZHA-688561.` - `2 SMITHA MAHESH, AGED 55 YEARS, W/O. MAHESHAN, ASWATHY BHAVAN, THOTTAPPALLY P.O., ALAPPUZHA-688561.` - `3 SASI R., AGED 48 YEARS, S/O. RETNADAS, THATTAKKATTU THOPPIL, PUNTHALA, PURAKKAD P.O., AMBALAPPUZHA, ALAPPUZHA-688561.` - `4 NANDIKESWARAN B., AGED 64 YEARS, S/O.BHASKARAN, VALIYATHARAYIL, PUNTHALA, PURAKKAD P.O., AMBALAPPUZHA, ALAPPUZHA-688561.` - `5 HARIDAS J., AGED 70 YEARS, S/O. K.JANARDHANAN, SREEBHAVANAM, MUTHUKULAM SOUTH, MUTHUKULAM, ALAPPUZHA-690506.` - `6 ABDUL KHADERKUNJU M., AGED 58 YEARS S/O. KHADERKUNJU, MAKKIYIL GRAND VILLA, PUNNAPRA P.O., PUNNAPRA, ALAPPUZHA-688004.` ``` BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT ASWIN KUMAR M J HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI ``` ## **`RESPONDENTS:`** - `1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001.` - `2 STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT,` WPC 9545/22 2 ## `THIRUVANANTHAPURAM-695001.` - `3 NATIONAL HIGHWAY AUTHORITY OF INDIA G-586, SECTOR-10, DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN.` - `4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008.` - `5 DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, COLLECTORATE, ALAPPUZHA-688001.` - `6 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,` ``` LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA-688001. ``` ``` SMT.K.AMMINIKUTTY SR.G.P. SRI.MATHEWS K.PHILIP.S.C. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 9545/22 3 ## **`JUDGMENT`** The petitioners are stated to be the owners of certain buildings standing on the property which has now been acquired for the purposes of the National Highway Authority of India (NHAI). They say that, as per Ext.P15 Government Order, they were entitled to an additional amount of 12.5% and 4% respectively in the case of commercial buildings and 12.5% and 12% respectively in the case of residential buildings, towards compensation against ‘electrification’ and ‘plumbing’ but that this has been denied to them by the Competent Authority for Land Acquisition (CALA for short), appointed under the provisions of the National Highways Act (hereinafter referred to as ‘the NH Act’ for short). They, therefore, pray that CALA be directed to grant them these amounts, in addition to the sums due to them under the provisions of the said Act. 2. I have heard Sri.Renoy Vincent – learned counsel for the petitioners; Sri.Mathews K. Philip – learned Standing Counsel appearing for the NHAI and Smt.K.Amminikutty – learned Senior WPC 9545/22 4 Government Pleader appearing on behalf of the official respondents. 3. I must record upfront that the learned Senior Government Pleader submitted that even before this Writ Petition had been filed, the Awards with respect to the buildings and properties of the petitioners had been settled and issued by the CALA as early as on 26.11.2021. She argued that, therefore, this Writ Petition is not maintainable because law has been now well settled by this Court that once the Awards are issued, the CALA is rendered functus officio and that the petitioners must, therefore, invoke their alternative remedies under Section 3G(5) of the ‘NH Act’. 4. Sri.Mathews K. Philip – learned Standing Counsel for the NHAI, submitted that CALA is bound to act as per the provisions of the ‘NH Act’ while computing the compensations eligible and that since the Awards have already been issued, the petitioners will have to challenge the same in terms of law, if they are so interested, under the mandate of Section 3G(5) of the ‘NH Act’. He also, therefore, contended that this Writ Petition is WPC 9545/22 5 not maintainable and prayed that it be dismissed. 5. It is indubitable that, whatever be the dialectical contentions of the rival parties, once Awards have been issued by the CALA, it is now settled by this Court in Usman Arif v. The Project Director, NHAI [2022(1) KLT 35] that said Authority is rendered functus officio, except for the purpose of issuing supplementary or additional Awards, as is permitted under the ‘NH Act’. 6. In the case at hand, the petitioners do not seek for a supplementary or additional Awards, but say that computation with respect to the compensation payable to them against the ‘electrification and plumbing’ of the buildings standing in the acquired properties have been done incorrectly. Inexorably, therefore, they have to invoke their alternative remedies under Section 3G(5) of the ‘NH Act’, by assailing the Awards appropriately. 7. That said, I certainly must address the argument of Sri.Renoy Vincent that the CALA has acted incorrectly while interpreting Ext.P15 Government Order. He pointed out that in WPC 9545/22 6 the last page of Ext.P15, ‘electrification’ and ‘plumbing’ have been shown to be deserving an extra payment in the percentages mentioned therein and therefore, prayed that if his clients are directed to approach the competent Arbitrator under the ‘NH Act’, this issue may be ordered to be considered specifically. I find force in this submission, since Ext.P15 does enumerate various heads under which compensation is to be paid and ‘electrification’ and ‘plumbing’ are included therein. In the afore circumstances and since the Awards with respect to the properties of the petitioners are stated to have been already issued on 26.11.2021, I order this Writ Petition; however, leaving full liberty to them to challenge the same, invoking the provisions of Section 3G(5) of the ‘NH Act’, for which purpose, all their contentions and that of the respondents are left open. Needless to say, if the petitioners are to invoke their statutory remedies as afore, the competent Arbitrator will consider the same, particularly taking note of Ext.P15, as also the contention of Sri.Renoy Vincent that except in Alappuzha, WPC 9545/22 7 the CALA, in every other District, has been granting benefits for ‘electrification’ and ‘plumbing’ as per the percentages mentioned in the said Government Order. It also goes without saying that if the petitioners approach the competent Arbitrator, said Authority will hear them, as also the authorised official of the NHAI, while completing the exercise, in terms of law. After I dictated this part of the judgment, Sri.Renoy Vincent intervened to say that some of his clients have not received the copy of the Awards. This assertion, of course, is vehemently opposed by Smt.K.Amminikutty saying that a copy of the same has been produced in the Writ Petition itself. Nevertheless, if the petitioners approach the CALA for a copy of the Awards, same shall be issued to them without any avoidable delay, so that they can invoke their statutory remedies in terms of the afore liberty. ``` Sd/- ``` ``` DEVAN RAMACHANDRAN JUDGE ``` ``` RR ``` WPC 9545/22 8 ## **`APPENDIX OF WP(C) 9545/2022`** ``` PETITIONER EXHIBITS Exhibit P1 ``` ``` THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.1 DATED 3.8.2021. ``` - `Exhibit P2 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.1 BY PURAKKAD GRAMA PANCHAYAT DATED 30.8.2021.` - `Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.2 DATED 10.9.2021.` ``` Exhibit P4THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.2 BY PURAKKAD GRAMA PANCHAYAT DATED 4.12.2021. Exhibit P5THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.3 DATED 9.6.2021. ``` ``` Exhibit P6THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.3 BY PURAKKAD GRAMA PANCHAYAT DATED 30.7.2021. Exhibit P7THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.4 DATED 10.8.2021. ``` - `Exhibit P8 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/30 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022.` ``` Exhibit P8(a)THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/31 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022. Exhibit P8(b)THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/32 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022. Exhibit P8(c)THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/33 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022. ``` WPC 9545/22 9 - `Exhibit P8(d) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/34 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022.` - `Exhibit P8(e) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING BEARING NUMBER 14/35 ISSUED TO THE PETITIONER NO.4 BY PURAKKAD GRAMA PANCHAYAT DATED 10.3.2022.` - `Exhibit P9 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.5 DATED 26.4.2021.` - `Exhibit P10 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.5 BY PATHIYOOR GRAMA PANCHAYAT DATED 22.9.2021.` - `Exhibit P11 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY CHERTHALA NORTH VILLAGE OFFICE TO THE PETITIONER NO.6 DATED 16.7.2021.` - `Exhibit P12 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.6 BY CHERTHALA MUNICIPALITY DATED 22.3.2021.` - `Exhibit P13 THE TRUE COPY OF THE RELEVANT PAGES IN THE NOTIFICATION NUMBERED AS S.O.4348 (E) ISSUED BY THE 1ST RESPONDENT DATED 3.12.2020.` - `Exhibit P14 THE TRUE COPY OF THE RELEVANT PAGES IN THE NOTIFICATION NUMBERED AS S.O.796 (E) ISSUED BY THE 1ST RESPONDENT DATED 11.2.2019.` - `Exhibit P15 THE TRUE COPY OF THE D.O. LETTER NO.PWD-H3/09/2021-PWD ISSUED BY THE 2ND RESPONDENT DATED 8.1.2021.` - `Exhibit P16 THE TRUE COPY OF THE VALUATION REPORT FOR A STRUCTURE IN ERNAKULAM DISTRICT DATED 13.1.2021.` - `Exhibit P17 THE TRUE COPY OF THE VALUATION REPORT FOR A STRUCTURE IN KOLLAM DISTRICT DATED 16.7.2021.` - `Exhibit P18 THE TRUE COPY OF THE AWARD PASSED BY THE 6TH RESPONDENT AGAINST PETITIONER NO.1 DATED 26.11.2021 ALONG WITH THE VALUATION REPORT OF THE STRUCTURE.` - `Exhibit P19 THE TRUE COPY OF THE JUDGMENT PASSED IN` WPC 9545/22 10 ``` WRIT PETITION (CIVIL) NO.28263/2021 DATED 28.2.2022. ```