Allowed

N.Kamalam v. District Collector

Kerala HC27 Nov 2018WP(C)/31663/2018

Case brief

AI extract

What is this about?

The court directed the respondent-Arbitrator to pass an award in pending land acquisition compensation proceedings under Section 3G(5) of the National Highway Act, 1956, within 4 weeks after affording a reasonable opportunity of being heard to the petitioners.

What did the court decide?

Directed the respondent-Arbitrator to pass the award in the arbitration proceedings within 4 weeks after hearing the petitioners.

N.Kamalam Vs District Collector — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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TUESDAY,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

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WP(C).No.31663 of 2018

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PETITIONERS:

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1 N.KAMALAM AGED 80 YEARS D/O. NALLAYIL SARASWATHI AMMA, SRUTHI HOUSE, 35/884A, POWER HOUSE EXTENSION ROAD, PALARIVATTOM, COCHIN - 25.

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2 N.VILASINI AGED 77 YEARS D/O.NALLAYIL SARASWATHI AMMA, NALLAYIL HOUSE, LOKAMALESWARAM, P.O.KODUNGALLUR, THRISSUR DISTRICT.

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BY ADVS. SRI.K.A.NOUSHAD SRI.MITHUN BABY JOHN

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RESPONDENT:

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DISTRICT COLLECTOR DISTRICT COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT - 680 001.

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SMT.A.C.VIDHYA,GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C)No.31663 of 2018

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ALEXANDER THOMAS, J.

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=================================

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W.P(C)No.31663 of 2018

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=================================

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Dated this the 27^th day of November, 2018

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JUDGMENT

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The prayers in the above Writ Petition (Civil)

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are as follows:

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“i) Direct the respondent to consider the application / appeal filed, under section 3G(5) of the National Highway Act, 1956, by the petitioners in L.A.C.Nos.26/2008 and 19/2008 and pass orders in the same within a period of 2 months;

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And

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ii) grant such other reliefs as this Hon'ble Court shall deem just.”

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2. Heard Sri.K.A.Noushad, learned counsel

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appearing for the petitioners and Smt.A.C.Vidhya,

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learned Government Pleader appearing for

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respondents.

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3. According to the petitioners, they are

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aggrieved by the amount determined by the competent authority as compensation for acquisition of their property in survey Nos.507/10, 507/1 & 507/8 of

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Lokamaleswaram Village. The acquisition of the

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W.P(C)No.31663 of 2018

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property has been effected in terms of the provisions contained in the National Highway Act, 1956. The petitioners have filed application before the Arbitrator under Sec.3G(5) of the National Highway Act, 1956. The respondent is the Arbitrator and it is pointed out that the Arbitrator for considering the application is the 1^st respondent. The applications filed by the petitioners herein had been registered as land acquisition cases as L.A.C Nos.26/2008 & 19/2008 respectively. That though the applications have been numbered as L.A.Cs as early as in the year 2008, the matters are still pending before the Arbitrator under Sec.3G(5) of the National Highway Act, 1956 and no final award is passed by the Arbitrator inspite of the lapse of seven long years etc. It is in the light of factual averments, the petitioner has filed the instant Writ Petition with the aforementioned prayers.

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4. Exts.P-1 & P-2 are the copies of the notice dated 29.03.2012 issued in the abovesaid L.A.Cs by the respondent-Arbitrator to the respective petitioners. Smt.A.C.Vidhya, learned Government Pleader would submit on the basis of written instructions furnished on behalf of the respondentDistrict Collector that the matters in respect of the abovesaid land acquisition cases could not be finalised only due to the over burden in the workload and that the arbitration claims filed by the petitioners are now posted for hearing on 01.12.2018 forenoon.

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5. In the light of the abovesaid aspects, it is ordered that the respondent-Arbitrator may after following the due procedure and after affording a reasonable opportunity of being heard to the petitioners will pass the award in the arbitration proceedings under Sec.3G(5) of the National Highway Act, 1956, without much delay, preferably within a

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period of 4 weeks from the date of production of a

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certified copy of this judgment.

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With these observations and directions, the

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above Writ Petition (Civil) will stand finally

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disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

vgd/28.11.18

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE	PHOTOSTAT	COPY	OF	NOTICE	FOR
	HEARING NO.26/20	DATED 29 08 ISSUED T	/03/20 O THE	12 1ST	OF L PETITIO	.A.C. NER.
EXHIBIT P2	A TRUE	PHOTOSTAT	COPY	OF	NOTICE	FOR
	HEARING	DATED	29	/03/	2012	OF
	L.A.C.NO PETITION	.19/2008 ER.	ISSU	ED	TO	2ND

N.Kamalam v. District Collector

Case brief

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N.Kamalam v. District Collector

Case brief

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