Directed the 2nd respondent to dispose of petitioners application under Section 3G(5) of the National Highways Act within three months, affording hearing opportunity to the petitioner and the NHAI competent authority.
Direction to dispose of Ext.P3 application under Section 3G(5) NH Act within three months, hearing petitioner and NHAI.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943
WP(C) NO. 166 OF 2022
PETITIONER:
U.B.UMMRABBA, AGED 83 YEARS, S/O.BAPANKUNHI, JAILAINI HOUSE, NEAR KARODA MASJID, UDYAWAR VILLAGE, MANJESWAR P.O, KASARAGOD DISTRICT, PIN - 671 323.
BY ADVS.PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY
RESPONDENTS:
3 SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), KASARAGOD AND COMPETENT AUTHORITY, PIN - 671 121.
4 THE SPECIAL TAHSILDAR, LAND ACQUISITION (NH), UNIT -1, KASARAGOD, PIN - 671 121.
SMT.MABLE C .KURIAN, SR.GP, SRI.MATHEWS K.PHILIP, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is an octogenarian, has approached this Court with a limited plea that the 2nd respondent, who is the competent Arbitrator under the provisions of the National Highways Act (hereinafter referred to as ‘the NH Act’ for short), be directed to take up and dispose of Ext.P3 application filed by him under the provisions of Section 3G(5) of the said Act within a time frame to be fixed by this Court.
2. Sri.Pushparajan Kodoth – learned counsel for the petitioner, further explained that his client is 83 years old and that Ext.P3 was preferred by him as early as on 04.01.2020. He added that even though his client was called for a hearing once before, it was cancelled because the 3rd respondent – Competent Authority for Land Acquisition (CALA for short) appointed under the
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‘NH Act’, had some inconvenience. He, therefore, reiteratingly prayed that 2 nd respondent be directed to complete the proceedings on Ext.P3 within a short time frame to be fixed by this Court.
Pleader, Smt.Mable C.Kurian, submitted that since the petitioner says that Ext.P3 application has been pending for nearly two years, 2nd respondent is willing to consider and dispose of the same, after following due procedure and after hearing him, as also the competent Authority of the National Highway Authority of India (NHAI), without any further delay.
Counsel for the NHAI, did not stand in the way of the request of the petitioner, but submitted that 2nd respondent may be directed to hear his client also before a final decision is taken on Ext.P3.
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In the afore circumstances, I order this writ
petition and direct the 2nd respondent – District Collector, to take up Ext.P3 application of the
petitioner and dispose of the same, after
affording him or his authorized representative, as also the competent Authority of the NHAI, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
I make it clear that I have fixed the time
frame as three months, because the petitioner says that his application has been pending for nearly two years and also taking into account his advanced age.
At this time, Sri.Pushparajan Kodoth – learned counsel for the petitioner, requested that his client may also be permitted to impel additional
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pleadings before the Arbitrator. Obviously, if the petitioner makes such pleadings without any delay and within a period of two weeks from today, same will also be considered by the Arbitrator in terms
of the afore directions.
Sd/DEVAN RAMACHANDRAN JUDGE
RR/akv
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APPENDIX OF WP(C) 166/2022
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF AWARD DT. 18.12.2019 ISSUED BY THE 3RD RESPONDENT AS PER SECTION 3G OF THE NATIONAL HIGHWAYS ACT, 1956. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF NOTICE DT. 18.12.2019 ISSUED BY 3RD RESPONDENT TO THE PETITIONER UNDER SECTION 3E RESPONDENT TO THE PETITIONER UNDER SECTION 3E OF THE NATIONAL HIGHWAYS ACT. |
| EXHIBIT P3 | TRUE COPY OF APPLICATION DT. 4.1.2020 FILED BY PETITIONER UNDER SEC. 3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956, BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF ACKNOWLEDGEMENT ISSUED TO PETITIONER BY THE 2ND RESPONDENT DT. 4.1.2020. |
| EXHIBIT P5 | TRUE COPY OF THE REMINDER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DT. 23.12.2020. |
| EXHIBIT P6 | TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 17.02.2021. |
| EXHIBIT P7 | TRUE COPY OF THE REMINDER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DT. 23.11.2021. |
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
3 issues framed by the court
Whether the Competent Arbitrator under the National Highways Act must be directed to dispose of an application filed under Section 3G(5) expeditiously.
Whether the large pendency of the application warrants a fixed timeline for its disposal.
Whether the Competent Authority of NHAI must be given an opportunity to be heard before the final order.
1 provisions across 1 enactments
U.B. Ummrabba
The Project Director, National Highway Authority of India, Kozhikode
The District Collector, Kasaragod
Special Deputy Collector, Land Acquisition (NH), Kasaragod
The Special Tahsildar, Land Acquisition (NH), Unit -1, Kasaragod
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
