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Jayakumar.S, vs the Project Director,

Jayakumar.S, vs The Project Director,

Type Court Judgment Court Kerala Decided Sep 14, 2023
~2 min read
https://sooperkanoon.com/case/1389214

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/29926/2023

Parties & Advocates

Appellant / Petitioner

Jayakumar.S,

Respondent

The Project Director,

Excerpt

.....authority and special deputy collector, 4 the special tahsildar land acquisition (national highway), paravur unit-ii, north paravur, ernakulam district, pin - 683513 sri. bimal k. nath - gpother present: sc. sri lejo joseph george this writ petition (civil) having come up for admission on 14.09.2023, the court on the same day delivered the following:judgmentthe petitioner has approached this court seeking expeditious consideration of ext. p3 application under section 3(g) 5 of the national highways act, 1956, pending before the 2nd respondent.2. heard the learned counsel for the petitioner,learned standing counsel for the national highways authority of india and learned government pleader. in the facts and circumstances of the case, there will be a direction to the 2nd respondent to consider and pass orders on ext. p3 in accordance with law, after affording an opportunity of hearing to the petitioner and all affected parties, within a period of 12 months from the date of receipt of a certified copy of this judgment. the writ petition is disposed of with the above direction. sd/- murali purushothaman judge bnu appendix petitioner’s exhibits exhibit p1 true copy of the proceedings no.134/2021/la2/chnr(2)-1647/2022 dated 06.03.2023. exhibit p2 true copy of the valuation report for the building of the petitioner. exhibit p3 true copy of the request for arbitration submitted by the petitioner before the 2nd respondent. exhibit p4 true copy of the receipt dated 01.07.2023 issued from the office of the 2nd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 PETITIONER: JAYAKUMAR.S, AGED 46 YEARS S/O. SOMASEKHERAN NAIR, THENGHADAYIL HOUSE, VELLAVOOR (PO), CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686541 BY ADV CIBI THOMAS RESPONDENTS:

1 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOCHI -,VII/ 511 B, NEITHELI - MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 2 THE DISTRICT COLLECTOR/ ARBITRATOR, 3 THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR, 4 THE SPECIAL TAHSILDAR LAND ACQUISITION (NATIONAL HIGHWAY), PARAVUR UNIT-II, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513 SRI. BIMAL K. NATH - GP

OTHER PRESENT: SC. SRI LEJO JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner has approached this Court seeking expeditious consideration of Ext. P3 application under Section 3(G) 5 of the National Highways Act, 1956, pending before the 2nd respondent.

2. Heard the learned counsel for the petitioner,

learned standing counsel for the National Highways Authority of India and learned Government Pleader. In the facts and circumstances of the case, there will be a direction to the 2nd respondent to consider and pass orders on Ext. P3 in accordance with law, after affording an opportunity of hearing to the petitioner and all affected parties, within a period of 12 months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE bnu APPENDIX PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.134/2021/LA2/CHNR(2)-1647/2022 DATED 06.03.2023. Exhibit P2 TRUE COPY OF THE VALUATION REPORT FOR THE BUILDING OF THE PETITIONER. Exhibit P3 TRUE COPY OF THE REQUEST FOR ARBITRATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE RECEIPT DATED 01.07.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

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