Radha E. v. Vs Special Deputy Collector
Case brief
What is this about?
Held that the CalA being functus officio, the writ petition is not maintainable here. The petitioner must approach the Statutory Arbitrator under NH Act Sec 3G(5) to test the award on merits, including land nature and compensation.
What did the court decide?
Directing the District Collector to dispose of the application numbered 467465 of 2021.
What the court decided
A compact analysis
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 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 5041 OF 2022
PETITIONER:
RADHA E. V.
AGED 75 YEARS
W/O. SREEDHARAN E.V., ELAYADATH VALAPPIL HOUSE,
MARAVANCHERRY, KADANCHERY P. O., TAVANUR, KALADY,
MALAPPURAM - 679582.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (NH 17),, 23QH+R42, UP HILL, CIVIL STATION P. O., MALAPPURAM, KERALA - 676 505.
Issues for consideration
3 issues framed by the court
Whether the Competent Authority for Land Acquisition (CALA) is functus officio after issuing an award in favour of the petitioner.
Whether the petitioner must approach the Statutory Arbitrator under Section 3G(5) of the NH Act to challenge objectionable awards.
Whether the District Collector must consider the petitioner's contentions on land nature and compensation under Schedule II of the FRLA.
Parties & counsel
- petitioner
Radha E.V.
- respondent
Special Deputy Collector
- respondent
District Collector Malappuram
- respondent
State of Kerala
- respondent
Project Director, National Highways Authority of India (Kozhikode)
- respondent
Case details
As recorded by the court registry
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