Disposed

Marykutty v. Union of India

Kerala HC27 Nov 2023WP(C)/14912/2023

Case brief

AI extract

What is this about?

Petitioners sought a direction to the District Collector to expedite an application for remeasuring property acquired for highway widening, claiming a shortage in compensation. The court directed the Collector to consider hearing the matter within one month. Petitioners remained co-owners under a Will.

What did the court decide?

Directed the 4th respondent to consider the petitioners' application for remeasurement within one month from receipt of the judgment, after hearing parties.

Marykutty Vs Union of India — Land Acquisition | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN
MONDAY, THE 27TH DAY OF NOVEMBER 2023/6TH AGRAHAYANA, 1945
WP(C) NO.14912 OF 2023

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PETITIONERS:

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1 MARYKUTTY, AGED 59 YEARS, D/O.PAPPU @ JOSEPH (W/O. PIYOOS), KOZHIPATTU HOUSE, VARAPUZHA, ERNAKULAM, PIN - 683617

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2 DAISY, AGED 53 YEARS, W/O.VARGHESE, D/O.PAPPU @ JOSEPH, KOZHIPATTU HOUSE, VARAPUZHA, ERNAKULAM, PIN - 683617

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BY ADV.P.R.VENKATESH

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, GOKUL NAGAR, SANSAD MARG AREA, NEW DELHI-110001, PIN - 110001

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2 NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, TRANSPORT BHAVANAN-1 PARLIAMENT STREET, NEW DELHI-110001, PIN - 110001

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3 PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, MAVELIPURAM, KAKKANAD, ERNAKULAM-682030

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4 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030

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5 SPECIAL DEPUTY COLLECTOR (LA), COMPETENT AUTHORITY, NHAI, OFFICE OF THE SPECIAL DEPUTY COLLECTOR, NH16, NORTH PARAVUR P.O., ERNAKULAM UNIT-II-, PIN - 683513

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6 DISTRICT SUPERINTENDENT OF SURVEY OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682021

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7 SPECIAL TAHSILDAR (LA), NH66, NORTH PARAVUR P.O., ERNAKULAM UNIT-II, PIN – 683513

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WP(C) No.14912 of 2023

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8 TALUK SURVEYOR, TALUK OFFICE, NORTH PARAVUR, ERNAKULAM, PIN - 683513

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BY ADVS.
SRI.MANU S., DSG OF INDIA
SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.14912 of 2023

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JUDGMENT

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The petitioners are co-owners of property

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covered by Ext.P3 Will. An extent of 4.91 cents of
the said property was acquired from the
petitioners for the purpose of widening of
National Highway 66 and Ext.P9 award was passed in
respect of the acquisition. The grievance of the
petitioners is that in fact, an extent of 6.30
cents of land was acquired from them and
compensation has been paid only in respect of 4.91
cents and there is a shortage of about 1.39 cents.
The petitioners had preferred Ext.P17 arbitration
application under Section 3G(5) of the National
Highways Act, 1956 [for brevity, ‘the NH Act’]
against Ext.P9 award, which is pending before the
4th respondent/ District Collector along with
Ext.P18 application for direction to the Taluk
Surveyor to re-measure their property pertaining

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WP(C) No.14912 of 2023

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to which Ext.P9 award was passed and to determine
the extent of land acquired from the petitioners
and to fix the boundary of the property remaining
in their ownership. The limited prayer of the
petitioners is for a consideration of Ext.P18
application by the 4th respondent expeditiously.

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2. Heard the learned counsel for the
petitioners, the learned Senior Government Pleader
and the learned Deputy Solicitor General of India.

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3. Ext.P17 arbitration application of the
petitioners is pending before the 4th respondent
arbitrator. Section 3G(6) of the National Highways
Act provides that the provisions of the
Arbitration and Conciliation Act, 1996 [for
brevity, ‘the Arbitration Act’] shall apply to
every arbitration under this Act. Section 17 of
the Arbitration Act provides that a party may,
during the arbitral proceedings, apply to the

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WP(C) No.14912 of 2023

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Arbitral Tribunal for interim orders.

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4. In the facts and circumstances of the case,

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I feel it appropriate to direct the 4th respondent
to consider Ext.P18 application, as expeditiously
as possible, at any rate, within a period of one
month from the date of receipt of a certified copy
of this judgment, after hearing the petitioners
and the National Highway authorities. It is so
ordered.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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sp/28/11/2023

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WP(C) No.14912 of 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1CERTIFICATE OF PURCHASE NO.14245/1976
IN SM NO.3962/1975 DATED 10.05.1976
ISSUED BY THE DEPUTY COLLECTOR, LAND
TRIBUNAL, ERNAKULAM
EXHIBIT P2TRUE COPY OF WILL NO.15/2005 DATED
23.2.2005 OF SRO, ALANGAD
EXHIBIT P3TRUE COPY OF WILL NO.59/2016 DATED
23.5.2016 EXECUTED BY THRESSIAMMA
EXHIBIT P4TRUE COPY OF TAX RECEIPT DATED 1.4.2022
EXHIBIT P5TRUE COPY OF AWARD PASSED BY THE
COMPETENT AUTHORITY AND SPECIAL DEPUTY
COLLECTOR (LA) DATED 22.6.2022 IN
FAVOUR OF UDAYAKUMAR

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EXHIBIT P6TRUE COPY OF AWARD DATED 23/06/22 IN
FAVOUR OF OMANA VARGHESE
EXHIBIT P7TRUE COPY OF AWARD DATED 23/06/22 IN
FAVOUR OF SHINY

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EXHIBIT P8TRUE COPY OF AWARD DATED 23/06/22 IN
FAVOUR OF BENNY

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EXHIBIT P9THE AWARD PASSED IN FAVOUR OF
PETITIONERS DATED 25.6.2022
EXHIBIT P10THE MAHAZAR PREPARED DURING THE
ACQUISITION OBTAINED UNDER RTI ACT
EXHIBIT P11TRUE COPY OF THE RECEPIT NO.103/2021
DATED 24/05/2022
EXHIBIT P12TRUE COPY OF ACKNOWLEDGEMENT OF
REPRESENTATION DATED 1.6.2022

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WP(C) No.14912 of 2023

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EXHIBIT P13TRUE COPY OF ACKNOWLEDGEMENT OF
REPRESENTATION DATED 10.08.2022
EXHIBIT P14TRUE COPY OF THE SKETCH OF THE PROPERTY
SHOWING THE STRUCTURES, BUILDING
PREPARED BY THE NH AUTHORITY THEMSELVES
WITH MAHAZAR
EXHIBIT P15TRUE COPY OF THE SKETCH AND DETAILS OF
THE MEASUREMENTS HANDED OVER TO THE
PETITIONERS AS PER THE INTERIM
DIRECTION OF THIS HON'BLE COURT
EXHIBIT P16TRUE COPY OF THE COMMUNICATION DATED
4.11.2022 RECEIVED FROM THE SPECIAL
TAHSILDAR (LA) NH66, UNIT-2, NORTH
PARAVUR
EXHIBIT P17TRUECOPYOFTHEARBITRATION
APPLICATION DATED 24.11.2023 WITH
ACKNOWLEDGEMENT
EXHIBIT P18TRUE COPY OF THE INTERLOCUTORY
APPLICATION FOR MEASURING THE PROPERTY
DATED 24.11.2023
EXHIBIT P19TRUE COPY THE ORDER IN W.P.(C)
NO.9242/2023 DATED 17.3.2023 OF THIS
HON'BLE COURT

Marykutty v. Union of India

Case brief

What is this about?

What did the court decide?

Marykutty v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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