Disposed

V.P.Francis v. National Highway Authority of India

Kerala HC6 Oct 2020WP(C)/14045/2020

Case brief

AI extract

What is this about?

Disposing a writ petition concerning land acquisition compensation, the High Court directed the District Collector Cum Arbitrator to expedite pending proceedings within three months, ensuring an opportunity for both parties to be heard before passing an order.

What did the court decide?

Directed the 3rd respondent to expedite proceedings within 3 months, hearing parties before passing orders.

V.P.Francis 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 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942

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WP(C).No.14045 OF 2020(E)

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PETITIONER:

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V.P.FRANCIS, AGED 50 YEARS, S/O.PAULOSE, VALLURAN VEEDU, CHUVANNA MANNU P.O., TRISSUR DISTRICT-680 652.

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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-680 001.

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

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*** ADDL.R4 :**

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PROJECT DIRECTOR, OFFICE OF THE NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.310-A, CHANDRA NAGAR ETN.P.O., PALAKAD- DISTRICT-678 007.

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ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER * DATED 06.10.2020 IN I.A.NO.1 OF 2020.

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R1, R2 & R4 BY ADV. SRI.MATHEWS K.PHILIP, SC

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R3 BY SRI K P HARISH SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14045 OF 2020

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JUDGMENT

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Certain extent of property owned by the petitioner was acquired for widening the National Highway pursuant to acquisition proceedings initiated under the National Highways Act, 1956. Being aggrieved by the amount determined by the competent authority, petitioner has preferred Exhibit P3 application before the 3rd respondent. The prayer in this writ petition is for an expeditious consideration of Ext.P3 application within a time frame.

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I have heard Sri N.Sasidharan Unnithan, the learned counsel appearing for the petitioner, Sri. K.P. Harish, the learned Senior Government Pleader and Sri.Mathews K. Philip, the learned Standing Counsel.

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Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of directing the 3rd respondent to expedite the proceedings pending before the said authority and pass appropriate orders, expeditiously, at any rate, within a period of 3 months from the date of receipt of a certified copy of this judgment. Before passing orders, the petitioner as well as the representative of the 2nd respondent shall be afforded an opportunity of being heard.

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The petitioner shall produce a copy of the writ petition along with the judgment before the 3rd respondent to ensure compliance.

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.14045 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SCHEDULE TO THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE APPORTIONMENT OF COMPENSATION DETERMINED BY THE 2ND RESPONDENT FOR THE PETITIONER IN LAC NO.8/2013.

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EXHIBIT P3 TRUE COPY OF THE ARBITRATION APPLICATION DATED 01/08.2014 OF THE PETITIONER.

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EXHIBIT P4 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DATED 01.08.2014 IN TOKEN OF RECEIPT OF THE APPLICATION OF THE PETITIONER.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY// P.A.TO JUDGE

V.P.Francis v. National Highway Authority of India

Case brief

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V.P.Francis v. National Highway Authority of India

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