Disposed

Charly Abraham v. Union of India

Kerala HC27 Nov 2023WP(C)/14920/2023

Case brief

AI extract

What is this about?

This writ petition involved co-owners challenging the land acquisition award for a deficit in the acquired area. The Court directed the District Collector to expedite the pending application for re-measuring the property and fixing boundaries within one month.

What did the court decide?

Directed the 4th respondent (District Collector) to consider the Ext.P16 application expeditiously within one month of receiving the certified copy of the judgment.

Charly Abraham 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.14920 OF 2023

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PETITIONERS:

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1 CHARLY ABRAHAM, AGED 72 YEARS, S/O.ABRAHAM, RESIDING AT BAVELIL HOUSE, CHIRAKKAKAM, VARAPUZHA, ERNAKULAM-683617, PIN - 683617

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2 SHUBHA CHARLY, AGED 65 YEARS, W/O.CHARLY, RESIDING AT BAVELIL HOUSE, CHIRAKKAKAM, VARAPUZHA, ERNAKULAM-683617, 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

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

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3 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, MAVELIPURAM, KAKKANAD, ERNAKULAM, PIN - 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.14920 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.14920 of 2023

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JUDGMENT

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The petitioners are co-owners of properties
obtained by virtue of Exts.P1 & P2 assignment
deeds. A total extent of 4.50 cents of land was
acquired from the petitioners for the purpose of
widening of National Highway 66 and an award was
passed in respect of the acquisition. The
petitioners contend that, in fact, 5.25 cents of
land was acquired from them and there is a deficit
of 0.75 cents. The petitioners have preferred
Ext.P15 arbitration application under Section
3G(5) of the National Highways Act, 1956 [for
brevity, ‘the NH Act’] before the 4th respondent/
District Collector along with Ext.P16 application
for direction to the Taluk Surveyor to re-measure
their property pertaining to which the award was
passed and to determine the extent of land
acquired and to fix the boundary of the property

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WP(C) No.14920 of 2023 4

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remaining in their ownership. The limited prayer
of the petitioners is for a consideration of
Ext.P16 application by the 4threspondent
expeditiously.

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

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4. Ext.P15 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
Arbitral Tribunal for interim orders.

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5. In the facts and circumstances of the case,

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WP(C) No.14920 of 2023

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I feel it appropriate to direct the 4th respondent
to consider Ext.P16 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.14920 of 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1TRUE COPY OF REGISTERED ASSIGNMENT DEED
NO. 5440/1998 OF SRO, ALANGAD
EXHIBIT P2TRUE COPY OF THE REGISTERED ASSIGNMENT
DEED NO. 81/1999 OF SRO, PARAVUR
EXHIBIT P3TRUE COPY OF POSSESSION CERTIFICATE IN
RELATION TO THE PROPERTIES DATED
17.03.2019
EXHIBIT P4TRUE COPY OF POSSESSION CERTIFICATE IN
RELATION TO THE PROPERTIES NO.214/14
EXHIBIT P5TRUE COPY OF THE AWARD DATED 04.05.2022
GRANTED TO THE 1ST PETITIONER
EXHIBIT P6TRUE COPY OF THE AWARD DATED 04.05.2022
OF THE 2ND PETITIONER
EXHIBIT P7TRUE COPY OF THE REPRESENTATION DATED
9.12.2021 SUBMITTED BY THE PETITIONERS
EXHIBIT P8TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER,DATED 09/12/2021
EXHIBIT P9FEW PHOTOGRAPHS SHOWING THE LIE OF THE
BOUNDARY AT THAT POINT OF TIME WHEN WE
WERE PUTTING UP THE BOUNDARY WALL
EXHIBIT P10TRUE COPY OF THE SKETCH
EXHIBIT P11TRUE COPY OF THE APPLICATION DATED
9.12.2022 SUBMITTED TO THE TAHSILDAR
(LR), NORTH PARAVUR
EXHIBIT P12A TRUE COPY OF THE REPORT DATED
21.12.2022 OF THE VILLAGE OFFICER,
VARAPPUZHA

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WP(C) No.14920 of 2023

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EXHIBIT P13

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A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE DISTRICT COLLECTOR

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EXHIBIT P14THE SKETCH AND OTHER DETAILS SENT TO
THE PETITIONERS AS PER DIRECTION OF
THIS HON'BLE COURT

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EXHIBIT P15TRUECOPYOFTHEARBITRATION
APPLICATION DATED 23.11.2023 WITH
ACKNOWLEDGEMENT

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EXHIBIT P16

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TRUE COPY OF THE INTERLOCUTORY
APPLICATION FOR MEASURING THE PROPERTY
DATED 23.11.2023

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EXHIBIT P17

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TRUE COPY OF THE ORDER IN W.P.(C) NO.
9242/2023 DATED 17.3.2023 OF THIS
HON'BLE COURT

Charly Abraham v. Union of India

Case brief

What is this about?

What did the court decide?

Charly Abraham 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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