Disposed

V.K.Syamala v. National Highway Authority of India

Kerala HC20 Jun 2022WP(C)/7148/2022

Case brief

AI extract

What is this about?

Petitioner challenged land acquisition processes claiming building valuation discrepancies and reduced acquisition area. High Court directed petitioner to approach Arbitrator under National Highways Act and Arbitration Act for building valuation instead of issuing final eviction Mahzar.

What did the court decide?

Directing Arbitrator to initiate valuation steps and pass interlocutory and final orders within prescribed time limits under National Highways Act and Arbitration Act.

V.K.Syamala Vs National Highway Authority of India — 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 T.R.RAVI

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MONDAY, THE 20^TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944

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WP(C) NO. 7148 OF 2022

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PETITIONER:

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V.K.SYAMALA AGED 62 YEARS

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W/O. SADANANDAN, ANNAPURAKKAL HOUSE, CMC 13, CHERTHALA, ALAPPUZHA-688 524

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BY ADVS. S.KRISHNAMOORTHY SNEHA ROSE ARUNA SADASIVAN

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RESPONDENTS:

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1 NATIONAL HIGHWAY AUTHORITY OF INDIA REP BY DY GENERAL MANAGER CUM PROJECT DIRECTOR, NO.36/414 (III) , NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, TRIVANDRUM-695 024

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2 THE DISTRICT COLLECTOR, COLLECTORTE, ALAPPUZHA-688 001

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3 DEPUTY COLLECTOR (SPL), LA (NH,COMPETENT AUTHORITY, COLLECTORATE, ALAPPUZHA-688 001

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4 SPECIAL TAHSILDAR, O/o SPECIAL TAHASILDAR, LANH, CHERTHALA-688 524

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SRI. BIMAL K. NATH, SR.GP. SRI. B.G. BIDAN CHANDRAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7148 OF 2022

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C)No.7148 of 2022

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Dated this the 20^th day of June, 2022

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JUDGMENT

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Admit. Government Pleader takes notice for respondents 2 to 4. Standing Counsel takes notice for the 1^st respondent.

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The petitioner submits that initially as per Ext.P1 dated 15.02.2018, an extent of 0.0524 Hectares was already acquired. Later by Ext.P3 notification issued under Section 3A of the Land Acquisition Act, on 28.01.2020, the extent sought to be acquired was enhanced to 0.0680 Hectares. Later by Ext.P2 notice under Section 3E(1) of the National Highways Act, the petitioner was informed that an extent of 0.0606 Hectares is acquired and based on that Ext.P4 Eviction Mahzar was drawn up on 10.11.2021. On 22.02.2022, by Ext.P6 the petitioner was informed by the 3^rd respondent that a sum of Rs.1,80,38,275/- has been remitted to her account on 08.01.2022 without serving on her the copy of the award, the Eviction Mahzar and without a clear picture as to the land

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WP(C) NO. 7148 OF 2022

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sought to be acquired.

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The petitioner's grievance is that a portion of the building belonging to her is sought to be acquired leaving the rest of the building unusable and the award is sought to be passed only for an extent of 0.0606 Hectares instead of 0.0680 Hectares, which is sought to be acquired as per Ext.P3.

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The Government Pleader on instructions submits that even though it is stated in Ext.P3 that the extent sought to be acquired is 0.0680 Hectares, that is a mistake and what is sought to be acquired is only an extent of 0.0606 Hectares.

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The above submission is recorded. Regarding the portion of the building that is sought to be acquired, it is for the petitioner to approach the 2^nd respondent Arbitrator with an appropriate application under the National Highways Act, along with an interlocutory application under Section 17 of the Arbitration and Conciliation Act, 1996 for valuation of the building. The petitioner shall submit the application under Section 3G of the National Highways Act before the 2^nd

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WP(C) NO. 7148 OF 2022

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respondent within ten days from today, along with an interlocutory application for the purpose of valuation. The 2^nd respondent on receipt of the application shall within ten days initiate steps for valuation of the building and pass orders on the interlocutory application. The final orders in the arbitration application shall be issued within eight months from the date of receipt of a copy of this judgment.

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Sd/- T.R.RAVI JUDGE

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mpm

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WP(C) NO. 7148 OF 2022

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APPENDIX OF WP(C) 7148/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY 15.2.18 PU	O BLIS	F T HED I	HE NOTIFICATION DATED N MATHRUBHOOMI DAILY
Exhibit P2	TRUE COPY ISSUED BY	OF 4TH	THE RESPO	NOTICE DATED 24.6.21 NDENT
Exhibit P3	TRUE COPY 28.1.2020	O ISSU	F T ED BY	HE NOTIFICATION DATED 1ST RESPONDENT
Exhibit P4	TRUE COPY 10.11.21 I	OF SSUE	THE D TO	EVICTION MAHZAR DATED THE PETITIONER
Exhibit P5	TRUE COPY BY V M CHE	OF LLAP	THE PAN,	SURVEY SKETCH PREPARED A RETIED SURVEYOR
Exhibit P6	TRUE COPY SUBMITTED RESPONDENT	OF BY	THE THE	REQUEST DATED 22.2.22 PETITIONER TO THE 3RD

V.K.Syamala v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

V.K.Syamala v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

What the court decided

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