Petitioner, claiming land acquisition, sought mandamus to disburse award. Court directed third respondent to pay 50% immediately and first respondent to conclude arbitration within four months.
3rd respondent to disburse 50% of award within one month; 1st respondent to conclude arbitration within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27701 OF 2020(K)
PETITIONER:
SRI VARADARAJA VENKATRAMANA TEMPLE SRIRAMA PETE, NEAR RAILWAY STATION, KASARGOD, REPRESENTED BY THE MANAGING TRUSTEE K.VISYAKARA MALLAYA
BY ADVS. SRI.R.LAKSHMI NARAYAN SMT.R.RANJANIE
RESPONDENT/S:
1 STATE OF KERALA REP BY THE DISTRICT COLLECTOR (THE ARBITRATION UNDER ARBITRATOR UNDER THE NATIONAL HIGHWAYS ACT 1956) KASARGOD-678 001
(THE DESCRIPTION OF THE 1ST RESPONDENT IS SUO MOTU CORRECTED AS 'DISTRICT COLLECTOR',BY DELETING THE WORDS 'STATE OF KERALA REP BY' AS PER ORDER DATED 15.01.2021 IN WP(C)
2 THE NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI REPRESENTED BY THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD UNIT-678 001
3 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), KASARAGOD, OFFICE OF THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), KASARAGOD-678 001
R2 BY ADV. SRI.MATHEWS K.PHILIP R1 & R3 BY SMT K.AMMINIKUTTY - SR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who was the claimant in
L.A.C.No.66/Kasaragod Village before the 3rd respondent Special Deputy Collector, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent to disburse the award amount covered by Ext.P1 award dated 12.12.2019 to the petitioner, within a time limit to be fixed by this Court. By Ext.P1 award, the 3rd respondent awarded a sum of Rs.2,99,67,939/- as compensation in respect of the property owned by the petitioner having an extent of 575 sq. metre in Re.Sy.No.107/1A (Survey 107/8) of Kasaragod Village, which was acquired for four laning of National Highway 17 (now NH-66), which passes through Kasaragod District.
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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3rd respondent to disburse 50% of the total amount covered by Ext.P1 award to the petitioner within a period of one month from the date of receipt of a copy of this judgment. The 1st respondent shall finally dispose of the arbitration proceedings in which Ext.P1 award is under challenge, as expeditiously as possible, at any rate, within a period of 4 months from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K.NARENDRAN
JUDGE
JV
WP(C).No.27701 OF 2020(K)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE PROCEEDINGS DATED 12.12.2019, OF THE THIRD RESPONDENT IN LAC NO.66/KASARAGOD VILLAGE WITH NOTICE EXHIBIT P2 THE PHOTOCOPY OF THE REPRESENTATION DATED 14.7.2020, SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KASARAGOD EXHIBIT P3 THE PHOTOCOPY OF THE JUDGMENT DATED 13.11.2020 IN WPC NO.24746/2020
1 issue framed by the court
Whether the land acquisition award should be disbursed to the claimant pending final disposal of arbitration challenge?
Colour shows how this judgement treated each authority
W.P.(C).No.24746 of 2020Referred¶22
Sri Varadaraaja Venkatramana Temple Srirama Pete
District Collector
National Highway Authority of India
Special Deputy Collector
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
