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Palakkodan Tharayil Ibrahim Kutty v. Special Deputy Collector La NHAI

Kerala HC10 Jan 2022WP(C)/406/2022

Case brief

AI extract

What is this about?

In a writ petition, the Kerala High Court directed the Special Deputy Collector to accept and dispose of the petitioner's representation regarding land acquisition under the National Highway Act, setting a two-month deadline to afford a hearing and decide the matter expeditiously.

What did the court decide?

Direction to the respondent to take up the petitioner's Ext.P2 representation and dispose of it within two months after hearing.

Palakkodan Tharayil Ibrahim Kutty Vs Special Deputy… — Land Acquisition | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 10^TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943

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WP(C) NO. 406 OF 2022

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PETITIONER:

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PALAKKODAN THARAYIL IBRAHIM KUTTY S/o ABDULLA HAJI,AGED 73 YEARS PALAKKODAN THARAYIL HOUSE , MUKKUNNU, KUPPAM .P.O, THALIPARAMBA, KANNUR DISTRICT, PIN - 670502

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BY ADV T.V.JAYAKUMAR NAMBOODIRI

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RESPONDENTS:

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SPECIAL DEPUTY COLLECTOR LA (NHAI) THALIPARAMBA, THALIPARAMBA P.O, KANNUR DISTRICT, PIN - 670141

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OTHER PRESENT:

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SMT. MABLE .C .KURIAN SR.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 406 OF 2022

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JUDGMENT

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Amidst the various allegations, averments and assertions made in this writ petition, the petitioner singularly requires the respondent, who is also the Competent Authority for Land Acquisition (CALA) under the National Highway Act (hereinafter referred to as the “NH Act” for short), be directed to take up Ext.P2 representation of his and dispose of the same, adverting to Section 28 of the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act, 2013 (“Fair Compensation Act”)

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2 . The learned Senior Government Pleader - Smt.Mable C Kurian, in response, submitted that she has no instructions as to whether Ext.P2 is maintainable but, added that if this Court is inclined to direct the respondent to take up the same and decide it as per law, she will not stand in the way; but prayed that this Court may not make

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WP(C) NO. 406 OF 2022

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any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law.

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3 . The learned Senior Government Pleader then added that, in Ext.P2, what the petitioner requires is change of alignment or that his entire property be acquired. She submitted that, both these aspects may not be able to be decided by the CALA appropriately, though they can consider the petitioner’s claim under Section 3G(7) of the “NH Act”.

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4 . As I have already said above, this Court does not propose to direct the respondent to decide Ext.P2 in any particular manner and it is upto the said Authority to take an apposite decision thereon as per law, including under

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Section 3G(7) of the NH Act, after hearing the petitioner also.

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Resultantly, this writ petition is ordered directing the respondent to take up Ext.P2 application of the petitioner

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WP(C) NO. 406 OF 2022

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and dispose of the same after affording him an opportunity of being heard; thus culminating in an appropriate order

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and necessary action thereon, under the ambit of Section 3G(7) of the “NH Act” as expeditiously as is possible, but

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not later than two months from the date of receipt of a copy of this judgment.

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ANB

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Sd/DEVAN RAMACHANDRAN JUDGE

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WP(C) NO. 406 OF 2022

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APPENDIX OF WP(C) NO. 406 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE SKETCH OF THE PROPERTY OF TH PETITIONER Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 18.10.2016 Exhibit P3 A TRUE COPY OF THE AWARD DATED 17.11.2020

Palakkodan Tharayil Ibrahim Kutty v. Special Deputy Collector La NHAI

Case brief

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Palakkodan Tharayil Ibrahim Kutty v. Special Deputy Collector La NHAI

Case brief

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