Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944 PETITIONERS: 1 RASIYA, AGED 65 YEARS, D/O.PALLITHOTTUNGAL KUNJUMOIDEEN, PALLITHOTTUNGAL HOUSE, VALAPPAD VILLAGE, EDAMUTTAM DESOM, EDAMUTTAM P.O., CHAVAKKAD, THRISSUR - 680 568. 2 SAFIYA, AGED 63 YEARS, W/O.PALLITHOTTUNGAL ABDURHIMAN, PALLITHOTTUNGAL HOUSE, EGANDIYUR VILLAGE, KUNDALIYUR DESOM, KUNDALIYUR P.O., CHAVAKKAD, THRISSUR -680 616. BY ADVS.P.SATHISAN DONA AUGUSTINE RESPONDENTS: 1 UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI P.O., PIN - 110 001. 2 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN -695 001. 3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA P.O., NEW DELHI - 110 075, REP. BY ITS CHAIRMAN. 4 THE PROJECT DIRECTOR, NHAI, TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008. 5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION, NHAI, KUTTIPURAM - EDAPPALY, KODUNGALOOR P.O., THRISSUR, KERALA - 680 669. 6 DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, G5CQ+GJ, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD., KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA - 680 003. -2- 7 HAKEEM, AGED 33 YEARS, S/O.MUHAMMADKUTTY, KARAPPAMVEETTIL HOUSE, KURUMBILAVU VILLAGE, PAZHUVIL P.O., THRISSUR - 680 564. BY ADVS.SMT.MABLE.C.KURIAN.SR.G.P. SMT.MINI GOPINATH, CGC, SRI.S.MANU, ASGI SANTHOSH P.PODUVAL, SRI.MATHEWS K.PHILIP, SC R.RAJITHA, CHITHRA S.BABU, R.N.SANDEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
JUDGMENT
The petitioners, who are stated to be the owners of certain extents of properties which have been acquired for the purposes of the National Highway Authority of India (NHAI), have approached this Court seeking a direction to the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act, ('NH Act', for short), to disburse to them the amounts determined as compensation under the provisions of Section 3G(1) of the said Act, without any avoidable delay.
2. However, the afore request of the
petitioners, as made by their learned counsel - Sri.P.Sathisan, was opposed by Sri.Santhosh P.Poduval - learned Counsel appearing for respondent No.7, saying that a civil suit has been filed by his client against the properties in -4- question and that his claim is to a total of Rs.12,00,000/-. He submitted that, therefore, if this Court is inclined to direct the CALA to deposit the said amount before the competent Civil Court, under the provisions of Section 3H(4) of the 'Act', he would not stand in the way of rest of the amounts being disbursed to the petitioners.
3. The learned Standing Counsel for the NHAI
- Sri.Mathews K.Philip, submitted that he has no comment to make on the internecine disputes between the parties; but prayed that the work on the NHAI may not be interdicted in any manner, on account of the same.
4. The learned Senior Government Pleader -
Smt.Mable C.Kurian, submitted that she has no objection in this Court passing any order with respect to Rs.12,00,000/- claimed by the 7th respondent; and that CALA will abide by the same.
5. When I consider the afore submissions, it
-5- is without doubt that the only dispute between the parties is with respect to Rs.12,00,000/-, out of the entire compensation, in relation to the properties in question.
6. In fact, noticing the above, I had issued an interim order on 03.03.2022, when this matter was considered, in the following manner:
“Since Shri.Santhosh P. Poduval, learned counsel appearing for the 7th respondent, confines his client's claim to an amount of Rs.12 Lakhs totally, I deem it appropriate that the 5th respondent - CALA be directed to release the balance amounts to the petitioners under the two Awards without any further delay, subject to all other requirements in law being satisfied.
Resultantly, I direct the 5th respondent - CALA to disburse the amounts due to the petitioners under the two Awards, after deducting an amount of Rs.6 Lakhs from each of them and keeping it in deposit, subject to further orders from this Court, as expeditiously as is possible.
Needless to say, since the 7th respondent says that he is willing to hand over possession of his area, along with the balance to be surrendered by the petitioners, to the competent Authority of the NHAI, I record the same and leave liberty to the said Authority to take its possession as per law forthwith, so that the amounts can be disbursed, which shall -6-
be done at least within a period of two weeks from the date on which such surrender is effected.”
7. Today, both Sri.P.Sathisan and
Sri.Santhosh P.Poduval are ad idem that they welcome a direction from this Court to the CALA to deposit the amount of Rs.12,00,000/- before the competent Civil Court, under the provisions of Section 3H(4) of the 'NH Act', so that the parties can then invoke their appropriate remedies through the civil process, including in the pending suit with respect to the said amount. In the afore circumstances, confirming the afore extracted interim order, I order this writ petition directing the CALA to disburse the amounts under the Awards with respect to the properties in question to the petitioners in excess of Rs.12,00,000/-, without any avoidable delay in terms of the afore extracted interim order, if it has not been done yet. As far as the amount of Rs.12,00,000/- is -7-
concerned, with the consent of both sides, I order
the CALA to deposit the same as per Section 3H(4) of the 'NH Act' before the competent Civil Court; however, leaving full liberty to the parties to invoke all their remedies with respect to the same, as they are advised. Sd/- DEVAN RAMACHANDRAN JUDGE akv -8- APPENDIX OF WP(C) 2394/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SECTION 3E NOTICE NO.D2/VPD/005655/2021 ISSUED TO 2ND EXHIBIT P1A TRUE COPY OF THE SECTION 3E NOTICE NO.D2/VPD/004527/2021 ISSUED TO 2ND EXHIBIT P1B TRUE COPY OF THE SECTION 3E NOTICE NO.D2/VPD/005656/2021 ISSUED TO 1ST EXHIBIT P1C TRUE COPY OF THE SECTION 3E NOTICE NO.D2/VPD/004533/2021 ISSUED TO 1ST EXHIBIT P1D COPY OF THE SECTION 3 NOTICE NO.D2/VPD/004529/2021 ISSUED TO 1ST EXHIBIT P1E TRUE COPY OF THE SECTION 3E NOTICE NO.D2/VPD/5659/2021 ISSUED TO 1ST EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT ENTERED BETWEEN THE 2ND PETITIONER AND 7TH RESPONDENT DATED 10/08/2020. EXHIBIT P2A TRUE COPY OF THE LEASE AGREEMENT ENTERED BETWEEN THE 1ST PETITIONER AND 7TH RESPONDENT DATED 10/08/2020. EXHIBIT P3 TRUE COPY OF THE OS NO.92 OF 2021 BEFORE THE HON'BLE SUB COURT, CHAVAKKAD DATED 31/08/2021 FILED BY 7TH RESPONDENT. -9- EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONERS IN O.S.NO.92 OF 2021 BEFORE THE HON'BLE SUB COURT, CHAVAKKAD DATED 10/09/2021. RESPONDENT'S/S EXHIBITS : EXHIBIT R7(a) TRUE COPY OF I.A.3/21 IN O.S.NO.92/21 BEFORE THE SUB COURT, CHAVAKKAD. EXHIBIT R7(b) TRUE COPY OF I.A.2/21 IN OS 92/21 BEFORE THE SUB COURT, CHAVAKKAD. //TRUE COPY// P.A. TO JUDGE