Allowed

C.K.Joy v. National Highway Authority of India

Kerala HC17 Nov 2020WP(C)/13443/2020

Case brief

AI extract

What is this about?

Petitioners challenged the long pendency of arbitration applications filed under the National Highways Act, 1956 regarding compensation for land acquired in 2013. The court directed the District Collector-Cum-Arbitrator to dispose of the pending applications within eight months.

What did the court decide?

Directed the 3rd respondent to expedite consideration of Exts.P4 and P5 and pass appropriate orders preferably within a period of eight months from the date of production of a copy of this judgment.

C.K.Joy Vs National Highway Authority of India — Land Acquisition | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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WP(C).No.13443 OF 2020(E)

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PETITIONERS:

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1 C.K.JOY, AGED 57 YEARS, S/O.KURIAKOSE, CHALIYELIL VEEDU, CHUVANNA MANNU P.O., TRISSUR DISTRICT - 680 652.

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2 M.K.CHANDRASEKHARAN, AGED 58 YEARS, S/O.KRISHNAN, MADAPPURATH, CHUVANNA MANNU P.O., TRISSUR DISTRICT - 680652.

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BY ADV. SRI.N.SASIDHARAN UNNITHAN

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RESPONDENTS:

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1 NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, SECTOR-10, DWARAKA, NEW DELHI- 110 075.

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2 THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAYS COLLECTORATE, TRISSUR- 680001.

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3 THE DISTRICT COLLECTOR-CUM-ARBITRATOR COLLECTORATE, TRISSUR - 680 001.

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4 ADDL.R4.PROJECT DIRECTOR, OFFICE OF THE NATIONAL HIGHWAY AUTHORITY OF INDIA, PALAKKAD.

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*ADDL R4 IMPLEADED AS PER ORDER DATED 17.11.2020 IN I.A NO.1 OF 2020.

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R4 BY ADV. SRI.MATHEWS K.PHILIP

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SRI K P HARISH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13443 OF 2020

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JUDGMENT

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The petitioners state that the arbitration applications filed under Section 3G(5) of the National Highways Act, 1956 instituted in the year 2014 is pending before the 3rd respondent. He states that the property was acquired as early as in the year 2013 and in view of the long pendency, he has not even received the enhanced compensation to which he is entitled to. It is in the afore circumstances that he has approached this Court seeking a direction to the 3rd respondent to dispose of Exts.P4 and P5 applications pending before the said authority within a time frame.

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The learned Government Pleader on instructions submitted that it is due to the pendency of a huge number of applications that the consideration of Exts.P4 and P5 was delayed. It is submitted that all steps shall be taken to expedite the proceedings.

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I have considered the submissions advanced. Undisputedly, the arbitration applications are pending from 2014 onwards.

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Having regard to the submissions advanced, this petition is disposed of directing the 3rd respondent to expedite the consideration of

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WP(C).No.13443 OF 2020

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Exts.P4 and P5 and pass appropriate orders with notice to the petitioners preferably within a period of eight months from the date of production of a copy

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of this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.13443 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE SCHEDULE TO THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE APPORTIONMENT OF COMPENSATION DETERMINED BY THE 2ND RESPONDENT FOR THE 1ST PETITIONER IN LAC NO.6/2013.
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT OF COMPENSATION DETERMINED BY THE 2ND RESPONDENT FOR THE 2ND PETITIONER IN LAC NO.7/2013.
EXHIBIT P4	TRUE COPY OF THE ARBITRATION APPLICATION DATED 21/7/2014 OF THE 1ST PETITIONER.
EXHIBIT P5	TRUE COPY OF THE ARBITRATION APPLICATION DATED 27/8/2014 OF THE 2ND PETITIONER.
EXHIBIT P6	TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED 21/7/2014 IN TOKEN OF RECEIPT OF THE APPLICATION OF THE 1ST PETITIONER.
EXHIBIT P7	TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED 27/8/2014 IN TOKEN OF RECEIPT OF THE APPLICATION OF THE 2ND PETITIONER.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY// P.A TO JUDGE

C.K.Joy v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

C.K.Joy v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

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