Petitioner alleged non-payment of compensation for land acquired for NH-66 widening and inaction on his representation. Court directed the 4th respondent to dispose of the representation within one month.
Direction to the 4th respondent to consider and dispose of Ext.P3 within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
WP(C) NO. 16539 OF 2023
PETITIONER:
K.K.NIZAR
AGED 56 YEARS
S/O KOCHU HASSANKUNJU, KALLUVILA VEEDU,
THAZHAM, NORTH CHATHANNOOR,
CHATHANNOOR.P.O., KOLLAM DISTRICT, PIN - 691572
BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
AHAMMAD SACHIN K.
RIA VARGHESE
RESPONDENTS:
1UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
NEW DELHI, PIN - 110001
2STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
STATUE JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
3 THE DISTRICT COLLECTOR, KOLLAM COLLECTORATE, CIVIL STATION ROAD, KAANKATHU MUKKU.P.O,. KOLLAM DISTRICT, PIN - 6910134 THE SPECIAL TAHSILDAR (LAND ACQUISITION) AND COMPETENT AUTHORITY (OCHIRA -KADAMBATTUKONAM), NATIONAL HIGHWAY NO.66, CIVIL STATION ROAD, KAANKATHU MUKKU.P.O KOLLAM, PIN - 6910135 THE NATIONAL HIGHWAY AUTHORITY OF INDIA SUB OFFICE, KOLLAM, NATIONAL HIGHWAY NO.66, CIVIL STATION ROAD, KAANKATHU MUKKU.P.O., KOLLAM, REPRESENTED BY PROJECT DIRECTOR ( SOUGHT TO BE IMPLEADED )WP(C) NO. 16539 OF 2023
2
BY ADVS.
S.MANU
DINESH MATHEW J.MURICKEN
SRI. RIYAL DEVASSY - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16539 OF 2023
3
J U D G M E N T
The petitioner is the owner of 1.19 Ares of property in Survey No. 41/41 of Meenad Village, Kollam Taluk, as per Ext.P1 settlement deed. According to the petitioner, an extent of 0.16 Ares of the property has been acquired for the purpose of widening of National Highway (NH-66). The petitioner submits that though the aforesaid extent of property was acquired and the building having 40 sq.meters has been demolished as part of the acquisition, no compensation, whatsoever, has been paid to the petitioner. It is alleged that the land has been acquired without following the procedure contemplated under Sections 3A to 3H of the National Highways Act. The petitioner has submitted Ext.P3 representation before the 4th respondent along with relevant documents to prove his title. The grievance of the petitioner is that the 4th respondent has not taken any decision on Ext.P3.
WP(C) NO. 16539 OF 2023
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In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 4th respondent to consider and dispose of Ext.P3 representation, in accordance with law, 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 petitioner and the National Highway Authority of India.
Writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
LU
WP(C) NO. 16539 OF 2023
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APPENDIX OF WP(C) 16539/2023
PETITIONER EXHIBITS :
EXHIBIT P1TRUE COPY OF THE SETTLEMENT-DEED
NO.2207/1994 OF S.R.O CHATHANNOOR
EXECUTED IN FAVOUR OF THE PETITIONER
AND ANOTHER DATED 09.06.1994
EXHIBIT P2TRUE COPY OF THE BASIC TAX RECEIPT
NO.KL02032200725/2022 ISSUED FROM THE
MEENAD VILLAGE OFFICE DATED 22.01.2022
EXHIBIT P3TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD AND
4TH RESPONDENTS DATED 25.04.2023
// True Copy // PA To Judge
K.K. Nizar
Union of India
State of Kerala
The District Collector, Kollam
The Special Tahsildar (Land Acquisition) and Competent Authority (Ochira-Kadambattukonam)
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court