Dismissed

Saseendran K v. General Manager (T) and Project Director, National Highways Authority of India

Kerala HC19 Jul 2024WP(C)/20486/2023

Case brief

AI extract

What is this about?

Petitioner challenged a demolition notice issued for an acquired residential building after accepting enhanced compensation. The Court held that since full compensation including the entire building was awarded, the petitioner must demolish the structure and dismissed the writ petition.

What did the court decide?

Writ petition dismissed; petitioner not entitled to relief sought.

Saseendran K Vs General Manager (T) and Project Director… — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 19^TH DAY OF JULY 2024 / 28TH ASHADHA, 1946

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WP(C) NO. 20486 OF 2023

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PETITIONER:

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SASEENDRAN K AGED 61 YEARS, S/O BALARAMAN, RESIDING AT SWEET HOME, NEAR OK U.P SCHOOL, EDAKKKAD P.O, KANNUR, PIN – 670663

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BY ADVS. I.S.LAILA RENISH RAVEENDRAN JOEMON ANTONY LIGISH XAVIER ANTONY NILTON REMELO

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RESPONDENTS:

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1 GENERAL MANAGER (T) AND PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, BUILDING NO. 3460/ WARD NO. 46, "ZAHIRA", NEAR DINESH AUDITORIUM, CIVIL STATION P.O., KANNUR, KERALA, PIN - 673020

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2 DISTRICT COLLECTOR (ARBITRATOR) COLLECTORATE OF THAVAKKARA, KANNUR, KERALA, PIN - 670002

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3 SPECIAL TAHSILDAR LAND ACQUISITION UNIT NUMBER 2(NH) AND COMPETITIVE AUTHORITY, KANNUR, PIN - 679002

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BY ADVS. E.C.KURIAKOSE LEJO JOSEPH GEORGE(K/357-C/2017)

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B.S.SYAMANTHAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.20486/2023

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..2..

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J U D G M E N T

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Exhibit P3 notice issued by the National Highways Authority of India

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to the petitioner directing to demolish the building acquired is under challenge in this writ petition.

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A total extent of 0.0546 hectares of land and the residential building therein in Re-Survey No.62/3 (New Survey No.62/7) of Edakkad Desom in Kannur Taluk in Kannur District in the possession of the petitioner was acquired for the widening of National Highway-66. A compensation amount of Rs.1,73,49,633/- was awarded to the petitioner by the 3^rd respondent. The land was valued at Rs.12,35,239.83/- and the structure was valued at Rs.73,18,084/-. Thereafter, the petitioner approached the 2^nd respondent invoking Section 3G(5) of the National Highways Act, 1956 (for short, the N.H.Act') seeking enhancement of compensation by filing A.P.No.904/2021. The petitioner thereafter filed I.A.No.22/2021 in A.P.No.904/2021 seeking revaluation of the entire structure revalued by the PWD authorities. The said application was allowed and revaluation was done. Based on the revaluation, additional compensation of Rs.17,38,394/- was awarded to the petitioner. Thus, the petitioner received a total compensation of Rs.1,90,88,027/-. It was thereafter Ext.P3 notice was issued. It is challenging the said notice, the petitioner has approached this Court.

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W.P.(C) No.20486/2023

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..3..

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I have heard Smt.I.S.Laila, the learned counsel appearing for the petitioner, Sri.Lejo Joseph George, the learned Standing Counsel for the 1^st respondent and Sri.B.S.Syamanthak, the learned Government Pleader.

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As stated already, the total extent of land acquired from the possession of the petitioner was 0.0546 hectares of land and a residential building situated therein. A negligible portion of the residential building falls outside the acquired land which belongs to the petitioner. It is evident from Annexure R1(a) produced by the 1^st respondent along with the additional statement that the petitioner made a request to the 1^st respondent to take over the entire structure including the said portion and to grant compensation accordingly. The said request was made invoking Section 3G(7) of the N.H. Act. Thereafter, an award was passed by the 3^rd respondent for 0.0546 hectares of land acquired from the possession of the petitioner and also for the entire residential building. Dissatisfied with the said award, the petitioner invoked Section 3G(5) of the N.H.Act. An application for revaluation of the entire structure was made by the petitioner and it was revalued by the PWD authorities. Based on the said revaluation, an additional compensation of Rs.17,38,394/- was awarded to the petitioner also. The fact that the petitioner made an application to the 1^st respondent invoking Section 3G(7) of the N.H.Act expressing his readiness to surrender the entire structure has not

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W.P.(C) No.20486/2023

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..4..

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been disclosed in this writ petition. Since the compensation and additional compensation for the entire residential building was awarded to the petitioner, the petitioner is bound to demolish the residential building. The learned standing counsel appearing for the 1^st respondent submitted that what is acquired from the possession of the petitioner is only 0.0546 hectares of land and the land where the extended portion of the building stands beyond the acquired land can very well be used by the petitioner.

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For the reasons stated above, the petitioner is not entitled to the relief sought for in this writ petition. Accordingly, the writ petition is dismissed.

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Sd/- DR. KAUSER EDAPPAGATH JUDGE

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SLR/APA

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W.P.(C) No.20486/2023

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..5..

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PETITIONER EXHIBITS

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EXHIBIT P1	THE TRUE IN OP(C)	COPY OF THE JUDGEMENT DATED 12-8-2022 824/2022
EXHIBIT P2	THE TRUE IN OP(C)	COPY OF THE JUDGEMENT DATED 7-3-2023 824/2022
EXHIBIT P3	THE TRUE ISSUED BY	COPY OF THE NOTICE DATED 29.5.2023 THE FIRST RESPONDENT
EXHIBIT P4	THE TRUE IS ALREAD WORK OF H IS ALSO C	PHOTOGRAPH SHOWING THAT THE BUILDING Y DEMOLISHED IN ACQUIRED PORTION AND IGHWAY IS COMPLETED AND THE DRAINAGE OMPLETED
EXHIBIT P5	THE TRUE SUBMITTED	COPY OF THE LETTER DATED 15.6.2023 BY THE PETITIONER

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RESPONDENT ANNEXURES

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ANNEXURE R1(a) LAC 5317/EDAKKAD DATED FEBRUARY 2021 U/S 3G(1) OF THE NH ACT ANNEXURE R1(b) SKETCH PREPARED BY THE PWD AUTHORITIES ANNEXURE R1(c) ADDITIONAL LAC 5613/EDAKKAD DATED 15.09.2022 ANNEXURE R1(d) NOTICE U/S 3E OF THE NH ACT DATED 24.02.2021 ANNEXURE R1(e) ARBITRATION AWARD DATED 23.03.2023 IN A.P 904/2021 ANNEXURE R1(f) ORDER DATED 07.02.2023 IN RP NO. 1021 OF 2022 ANNEXURE R1(a) COPY OF THE LETTER DATED 22.10.2019. ANNEXURE R1(b) COPY OF THE JUDGMENT DATED 10.12.2021 IN W.A NO. 1617 OF 2021.

Saseendran K v. General Manager (T) and Project Director, National Highways Authority of India

Case brief

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Saseendran K v. General Manager (T) and Project Director, National Highways Authority of India

Case brief

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