Disposed

Ajeesh v. Union of India

Kerala HC25 Jul 2024WP(C)/32231/2022

Case brief

AI extract

What is this about?

Petitioner sought disposal of his pending Section 3G(5) National Highways Act arbitration application and request to appoint an approved valuer regarding NH-66 land acquisition compensation. The court directed the arbitrator to consider both applications after hearing him within one year.

What did the court decide?

Direction to respondent 6 (District Collector/Arbitrator) to consider Exts.P2 and P2(b) after hearing the petitioner within one year; petitioner to produce Ext.P1 award within two weeks.

Ajeesh Vs Union of India — 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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THURSDAY, THE 25^TH DAY OF JULY 2024 / 3RD SRAVANA, 1946

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WP(C) NO. 32231 OF 2022

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PETITIONER:

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AJEESH AGED 42 YEARS, S/O.VINAYAKAN, KOCHUKADAPPURATH, KADAKKARAPPALLY ALAPPUZHA, PIN – 688529

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BY ADV JOBY CYRIAC

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001, PIN - 110001

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2 STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001

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3 NATIONAL HIGHWAY AUTHORITY OF INDIA G-586, SECTOR-10, DWARAKA, NEW DELHI-, REPRESENTED BY ITS CHAIRMAN, PIN - 110075

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4 PROJECT DIRECTOR NHAI

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NATIONAL HIGHWAY AUTHORITY OF INDIA, RAJASREEKAIRALI, PERUMTHANNI, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM-, PIN - 695008

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5 SPECIAL DEPUTY COLLECTOR ANDCOMPETENT AUTHORITY LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA, PIN - 688001

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6 THE DISTRICT COLLECTOR, ALAPPUZHA (ARBITRATOR UNDER THE NH ACT) COLLECTORATE, ALAPPUZHA - ., PIN - 688001

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DEEPA V., GP B.G.BIDAN CHANDRAN – SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 32231/2022

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..2..

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J U D G M E N T

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The property of the petitioner was acquired for widening of the National Highway-66. The respondent No.5 determined the compensation to be paid as per Ext.P1 award. Dissatisfied with the compensation determined in Ext.P1, the petitioner preferred Ext.P2 arbitration application under Section 3G(5) of the National Highways Act before the respondent No.6. One of the grounds raised in Ext.P2 application is that the valuation of the acquired land and building of the petitioner was not done properly by the authorities deputed by the respondent No.5. Hence, the petitioner filed Ext.P2(b) application requesting the respondent No.6 to appoint an approved Valuer/Surveyor for assessing the value of the acquired land and building. The grievance of the petitioner is that the respondent No.6 is not disposing of Exts.P2 and P2(b).

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The learned Government Pleader submits that along with Ext.P2 application, the petitioner did not produce Ext.P1 award.

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Having heard Sri.Joby Cyriac, the learned counsel appearing for the petitioner, the learned DSGI appearing for respondent No.1, Sri.B.G.Bidan Chandran, the learned Standing Counsel appearing for respondent Nos. 3 & 4 as well as Smt.Deepa V., the learned Government

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W.P.(C) No. 32231/2022

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..3..

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Pleader, this writ petition is disposed of with a direction to the respondent

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No.6 to consider and take a decision on Exts.P2 and P2(b) applications, in accordance with law, after hearing the petitioner within one year from the date of receipt of a copy of this judgment. The petitioner shall produce Ext.P1 award before the respondent No.6 within two weeks.

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The writ petition is disposed of as above.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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W.P.(C) No. 32231/2022

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..4..

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APPENDIX OF WP(C) 32231/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 LAC NO. 269/2020/ KADAKKARAPPALLY /BL0/SO 4348(E)/1045/2022/A2, DATED 02/03/2022 EXHIBIT P2 TRUE COPY OF THE ARBITRATION APPLICATION DATED 07/10/2022 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT EXHIBIT P2(a) TRUE COPY OF THE POSTAL RECEIPT OF EXT P2 DATED 08-10-2022 EXHIBIT P2(b) TRUE COPY OF THE INTERIM APPLICATION FILED BY THE PETITIONER IN THE EXT P2 ARBITRATION APPLICATION

Ajeesh v. Union of India

Case brief

What is this about?

What did the court decide?

Ajeesh v. Union of India

Case brief

What is this about?

What did the court decide?

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