Dismissed

Johny v. the National Highway Authority of India

Kerala HC9 Oct 2023WP(C)/17495/2023

Case brief

AI extract

What is this about?

This writ petition challenged the non-payment of compensation for unacquired land. The High Court directed the competent authority to consider the petitioners' representation expeditiously, within one month.

What did the court decide?

Directions to the 3rd respondent to consider the petitioners' representation submitted in Ex. P9 for compensation of unacquired land within one month.

Johny Vs the National Highway Authority 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

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MONDAY, THE 9^TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945

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WP(C) NO. 17495 OF 2023

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PETITIONER/S:

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1 JOHNY

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AGED 89 YEARS

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S/O LATE KUNJI POULOSE PULIKKOTTIL HOUSE, PERUMPADAPPU
DESOM, CHENTRAPINNI VILLAGE , CHENTRAPPINNI. P.O.
THRISSUR DISTRICT., PIN - 680687

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2 2. ANTHAPPEN

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AGED 77 YEARS

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S/O LATE KUNJI POULOSE PULIKKOTTIL HOUSE , PERUMPADAPPU
DESOM, CHENTRAPINNI VILLAGE , CHENTRAPPINNI. P.O.
THRISSUR DISTRICT., PIN - 680687

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BY ADV A.G.VISWAMBHARAN

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RESPONDENT/S:

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1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA

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G 5 & 6, SECTOR 10, DWARAKA, NEW DELHI, PIN - 110075

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2 THE DISTRICT COLLECTOR

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THRISSUR, THRISSUR DISTRICT., PIN - 680003

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3 THE DEPUTY COLLECTOR SPECIAL (LA),NH-17 (NEW NH -66) KODUNGALLUR P.O, THRISSUR DISTRICT, PIN - 680664

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BY ADV MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17495 OF 2023

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JUDGMENT

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Certain extent of land in Sy. No. 80/15 in Chentrappinni Village, Kadungallur Taluk has been acquired from the petitioners for the purpose of widening of NH66. According to the petitioners, no compensation is paid in respect of an extent of 1 Are 33 Square meter of land belonging to the 1^st petitioner and 1 Are 1 square meter of land of the 2^nd petitioner for the reason that the same is a pathway. The petitioners submit that the said extent of land belongs to them and they are paying tax in respect of the same as evident from Exts. P3 and P4.

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WP(C) NO. 17495 OF 2023

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A statement has been filed on behalf of the

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National Highway Authority of India wherein it is stated that the claim of the petitioners will be

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considered by the competent authority as and when the amount of compensation is determined by the said authority.

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Heard the learned counsel for the petitioners,

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the learned Government Pleader for respondents 2 and 3 and the learned standing counsel for the National Highway Authority of India.

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In the facts and circumstances of the case, there will be a direction to the 3^rd respondent, the competent authority under the National Highways Act, to consider Ext. P9 representation submitted by the petitioners in accordance with law, as expeditiously as possible, at any rate, within a period of one month

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WP(C) NO. 17495 OF 2023

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from the date of receipt of a certified copy of this judgment.

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The writ petition is disposed of.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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bnu

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WP(C) NO. 17495 OF 2023

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APPENDIX

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`PETITIO`	`NER’S EXHIBITS`
`Exhibit`	`P1` `A SKETCH SHOWING THE LIE OF THE PROPERTY` `OF THE 1ST PETITIONER UNACQUIRED BY THE` `N.H.`
`Exhibit`	`P2` `A SKETCH SHOWING THE LIE OF THE PROPERTY` `OF THE 2ND PETITIONER UNACQUIRED BY THE` `N.H.`
`Exhibit`	`P3` `A COPY OF THE LAND TAX RECEIPT IN RESPECT` `OF JOHNY,THE 1ST PETITIONER FOR THE YEAR` `2023-24`
`Exhibit`	`P4` `A COPY OF THE LAND TAX RECEIPT IN RESPECT` `OF ANTHAPPEN, THE 2ND PETITIONER FOR THE` `YEAR 2023-24`
`Exhibit`	`P5` `A COPY OF THE PHOTOGRAPH SHOWING THE` `DRAINAGE CANAL BUILT BY THE N.H.COVERING` `THE PLOTS OF PETITIONERS`
`Exhibit`	`P6` `A COPY OF THE PHOTOGRAPH SHOWING STOCKING` `OF MATERIALS FOR ROAD CONSTRUCTION IN THE` `PLOTS OF THE PETITIONERS WHICH ARE NOT` `ACQUIRED BY THE RESPONDENTS`
`Exhibit`	`P7` `A COPY OF THE RECEIPT OF THE`
	`REPRESENTATION SUBMITTED BY THE 2ND`
	`PETITIONER BEFORE RESPONDENT 3 ON` `16/08/2021`
`Exhibit`	`P8` `A COPY OF THE RECEIPT OF THE` `REPRESENTATION SUBMITTED BY THE 1ST`
	`PETITIONER BEFORE THE RESPONDENT 3 ON` `05/04/2022`
`Exhibit`	`P9` `A COPY OF THE JOINT REPRESENTATION`
	`SUBMITTED TO THE 3RD RESPONDENT ON` `20/05/2023`

Johny v. the National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Johny v. the National Highway Authority of India

Case brief

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