A. Raghavan vs the Project Director

A. Raghavan vs The Project Director

Type Court Judgment Court Kerala Decided Jan 30, 2023

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Citation: sooperkanoon.com/1357452
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 30, 2023
Case Number: WP(C)/15699/2022

Parties & Advocates

Appellant / Petitioner

A. Raghavan

Respondent

The Project Director

Excerpt

.....of india and having regard to the findings of this court in ext.p8 judgment, i am of the view that ext.p7 order cannot be sustained. ext.p7 order is therefore quashed. the proceedings initiated by the petitioner under the provisions of section 3-g(5) of the act shall be reconsidered by the 2nd respondent in accordance with law and after hearing all parties concerned. considering the fact that the award which is the subject matter of the arbitration proceedings before the 2nd respondent was in the year 2018, the 2nd respondent shall endeavor to complete the proceedings within a period of three months from the date of receipt of a certified copy of ..4.. this judgment. the writ petition is disposed of as above. sd/- gopinath p. judge rmv ..5.. appendix of wp(c) 15699/2022 petitioner exhibits exhibit p1 true copy of the notice issued by the 3rd respondent to the petitioners under section 3e of the national highways act, 1956 dt. 24.10.2018. exhibit p2 true copy of the award passed by the 3rd respondent in lac 41/adkathbail village dated 24.10.2018. exhibit p3 true copy of the petition for arbitration filed by the petitioners dt. 21.01.2019 against ex.p2 award before the 2nd respondent. exhibit p4 true copy of the receipt dt. 22.01.2019 issued from the office of the 2nd respondent. exhibit p5 true copy of the counter affidavit filed by the petitioners dated 01.10.2021 in the appeal filed by the 1st respondent. exhibit p6 true copy of the additional counter affidavit filed by the petitioners dt. 28.10.2021 in the appeal filed by the 1st respondent. exhibit p7 true copy of the order dt. 10.03.2022 passed by the 2nd respondent in the appeal filed by the 1st respondent. exhibit p8 true copy of the judgment in w.p(c) no. 19401/2021 dt. 05.01.2022 of this hon'ble court. respondents' exhibits:nil true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 15699 OF 2022 PETITIONERS: 1 A. RAGHAVAN AGED 76 YEARS S/O. LATE KUNHI BELCHAPADA, ARIJAL ROAD, ADKATHBAIL VILLAGE AND POST, KASARAGOD - 671 121. 2 K. RAVINDRAN S/O. LATE KUNHIRAMAN, K. R. HOUSE, NELKALA, ANANGOOR, P. O. VIDYANAGAR, KASARAGOD - 671 123. BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY RESPONDENTS:
1 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, H NO. XXIII/752, NEAR CSI CHURCH, MISSION COMPOUND, MELACOVA, KANNUR DISTRICT, KERALA, PIN - 670 006. 2 THE DISTRICT COLLECTOR KASARAGOD & ARBITRATOR NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD, PIN - 671 121. 3 SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (NH), KASARAGOD & COMPETENT AUTHORITY, PIN - 671 121. 4 THE SPECIAL TAHSILDAR LAND ACQUISITION (NH), UNIT - 1, KASARAGOD, PIN - 671 121. BY ADV E.C.KURIAKOSE
OTHER PRESENT: GP SMT PREETHA K K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

The petitioners have approached this court being aggrieved by the fact that the 2nd respondent, in his capacity as Arbitrator in terms of the provisions contained in Section 3-G(5) of the National Highways Act, 1956 (for short, “the Act”) has remanded an application filed by the petitioner for enhancement of compensation to the 3 rd respondent for fresh consideration. It is the case of the petitioner that the District Collector, as an Arbitrator under Section 3-G(5) of the Act has no jurisdiction to remand the matter for fresh consideration and he has to consider the application filed by the petitioners in accordance with law and on its merits. The learned counsel for the petitioner places reliance on Ext.P8 judgment of this court in W.P.(C) No. 19401/2021 to substantiate his contentions.

3. The learned counsel appearing for the National

Highways Authorities of India does not dispute the legal ..3.. position and states that the matter has to be considered by the District Collector on merits and Ext.P7 order may not be sustainable in law.

4. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the National Highways Authorities of India and having regard to the findings of this court in Ext.P8 judgment, I am of the view that Ext.P7 order cannot be sustained. Ext.P7 order is therefore quashed. The proceedings initiated by the petitioner under the provisions of Section 3-G(5) of the Act shall be reconsidered by the 2nd respondent in accordance with law and after hearing all parties concerned. Considering the fact that the award which is the subject matter of the arbitration proceedings before the 2nd respondent was in the year 2018, the 2nd respondent shall endeavor to complete the proceedings within a period of three months from the date of receipt of a certified copy of ..4.. this judgment. The Writ Petition is disposed of as above. Sd/- GOPINATH P. JUDGE RMV ..5.. APPENDIX OF WP(C) 15699/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS UNDER SECTION 3E OF THE NATIONAL HIGHWAYS ACT, 1956 DT. 24.10.2018. Exhibit P2 TRUE COPY OF THE AWARD PASSED BY THE 3RD RESPONDENT IN LAC 41/ADKATHBAIL VILLAGE DATED 24.10.2018. Exhibit P3 TRUE COPY OF THE PETITION FOR ARBITRATION FILED BY THE PETITIONERS DT. 21.01.2019 AGAINST EX.P2 AWARD BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE RECEIPT DT. 22.01.2019 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS DATED 01.10.2021 IN THE APPEAL FILED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT FILED BY THE PETITIONERS DT. 28.10.2021 IN THE APPEAL FILED BY THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE ORDER DT. 10.03.2022 PASSED BY THE 2ND RESPONDENT IN THE APPEAL FILED BY THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 19401/2021 DT. 05.01.2022 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2023 Same Parties A. Raghavan vs The Project Director Same Judge Honourable Mr. Justice Gopinath P.