Disposed

A.Bovas v. the Arbitrator (N.H.) and District Collector

Kerala HC12 Oct 2020WP(C)/19135/2020

Case brief

AI extract

What is this about?

The High Court of Kerala acknowledged the Supreme Court's declaration that beneficiaries under the National Highways Act are entitled to solatium and interest. It directed the 2nd respondent to consider the petitioner's representation for enhanced compensation within six months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation within six months after hearing the parties.

A.Bovas Vs the Arbitrator (N.H.) and District Collector — 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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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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WP(C).No.19135 OF 2020(N)

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PETITIONER(S):

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A.BOVAS, AGED 48 YEARS, S/O.ABRAHAM, THACHATT HOUSE, NEAR MARTHOMAS ASHRAMAM, MULAYAM, P.O. AYYAPPANKAVU, THRISSUR, PIN - 680571.

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BY ADVS. SRI.GEORGE MECHERIL SRI.JOJO JOSEPH SMT.ELIZEBATH GEORGE

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RESPONDENT(S) :

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1 THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR THRISSUR, PIN - 680001.

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2 THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), NATIONAL HIGHWAY DEVELOPMENT PROJECT(NHDP), THRISSUR, PIN - 680020.

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3 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PALAKKAD - 679001.

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SRI MATHEWS K PHILIP, STANDING COUNSEL SRI KP HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19135 OF 2020

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JUDGMENT

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The property owned by the petitioner herein was acquired for the purpose of development of Mannuthy - Wadukkumcherry Section of NH47 invoking the provisions of the National Highways Act, 1956. Aggrieved by the amount of compensation fixed by the Land Acquisition Officer, the petitioner challenged the same before the Arbitrator. Though the amount of compensation was modified, no sum was granted towards solatium and interest on solatium.

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The petitioner contend that the Hon’ble Supreme Court in Union of India and Another v. Tarsem Singh and Others [(2019) 9 SCC 304] had declared that Section 3J of the National Highways Act insofar as it deprives the landowner of solatium and interest in Section 23(1A) and (2) and interest payable in terms of the proviso to Section 28 is unconstitutional and that those benevolent provisions would apply to acquisitions made under the National Highways Act as well.

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It is the case of the petitioner that since the entitlement of the landowners for solatium and interest having been declared by the Apex Court, the petitioner cannot be denied such benefits. Reliance is also placed on the judgment of this Court in Special Deputy Collector, Thrissur, and Another v.

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WP(C).No.19135 OF 2020

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Vinodkumar and Another [2020 (2) KLT 399] to bring home their point that the petitioner is also entitled to the solatium and interest. Raising all these contentions, the petitioner submitted Ext.P4 representation before the 2nd respondent. His prayer in this Writ Petition is to direct the 2nd respondent to consider Ext.P4 representation within a time frame.

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I have heard Sri.George Mecheril, the learned counsel for the petitioner, Sri Mathews K Philip, the learned Standing Counsel appearing for the 3rd respondent and the learned Government Pleader.

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It is submitted by the learned Government Pleader that there is no impediment in considering the representation. However, it is submitted that the 2nd respondent is flooded with representations and he be granted some time to dispose of the same after considering the individual merits of the matter. He also submitted that in the event of the 2nd respondent holding that the concerned claimant is entitled to enhanced compensation, it is for the NHAI to allot the amount to the respective claimants. The standing counsel appearing for the NHAI submitted that those are matters which would arise for consideration only after disposal of the representation by the 2nd respondent. He assured that the allotment of funds to settle the claims shall be done as per procedure, expeditiously and in accordance with law.

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I have considered the submissions advanced. The Hon’ble Supreme

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WP(C).No.19135 OF 2020

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Court had occasion to hold as follows in Union of India and another v. Tarsem Singh case (Supra);

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“We therefore declare that the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and therefore, declared to be unconstitutional".

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7. In Special Deputy Collector, Thrissur and Another v.

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Vinodkumar and Another [2020 (2) KLT 399], it was held thus:

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7. In the light of the aforesaid judgment of the Hon'ble Apex Court which struck down Section 3-J of the Act and the judgment of the Madras High Court, the provisions of the Land Acquisition Act, 1894 relating to the payment of solatium and interest will apply to the acquisitions made under the Act. In so far as the directions in the impugned judgment to make payment of solatium and interest are concerned, we observe that the statutory authorities are bound to compute the compensation in terms of Section 3-G of the Act and grant all benefits provided under the Land Acquisition Act, 1894. The benefits shall be given within a period of two months from the date of receipt of a copy of this judgment.

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In the light of the precedents above, I am of the opinion that necessary directions can be issued to the 2nd respondent to consider Ext.P4 representation filed by the petitioner. Before passing orders, the petitioner, as well

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WP(C).No.19135 OF 2020

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as the 3rd respondent or a person authorized by the said authority, shall be heard. In view of the submission of the learned counsel that the 2nd respondent is flooded with representations, I direct the said respondent to take up the matter according to its seniority and pass orders expeditiously, at any rate, within a period of six months from the date of receipt of a copy of this judgment.

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This Writ Petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.19135 OF 2020

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1 TRUE COY OF THE PROCEEDINGS DATED NIL OF THE APPORTIONMENT OF COMPENSATION BY THE 2ND RESPONDENT COMPETENT AUTHORITY IN LAC 1354/09.

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EXHIBIT P2 TRUE COPY OF THE ARBITRATION AWARD DATED 7.8.2013 IN AWARD NO.577/2013 OF THE FIRST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 25.08.2020 IN WP(C) NO.17044/2020. EXHIBIT P4 TRUE COPY OF THE PETITION 08.06.2020 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.LAC.111/09/A6 DATED 10.12.2019 ISSUED TO KUTTAPPAN ACHARI. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.02.2020 IN WP(C) NO.1442/2019. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO.LAC 781/2009 DATED 22.2.2020.

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RESPONDENT(S) EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE

A.Bovas v. the Arbitrator (N.H.) and District Collector

Case brief

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A.Bovas v. the Arbitrator (N.H.) and District Collector

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