Kerala High Court
Mohammad Salahuddin vs Union Of India on 7 January, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
WP(C) NO. 26449 OF 2021
PETITIONERS:
1 MOHAMMAD SALAHUDDIN,
AGED 70 YEARS
S/O.MOHAMMED KUTTY, SHIRAZ, KAYAMKULAM P.O., KEERIKKAD
PART, ALLEPPEY-690 502.
2 A.MUHAMMED FAISAL,
AGED 45 YEARS
C/O.AMINA BEEVI, INCHACKAL FATHIMA MANZIL, KAYAMKULAM
P.O., KANNAMBILLY BHAGAM, ALLEPPEY-690 502.
3 SAUDA BEEVI,
AGED 74 YEARS
W/O.YOOSAF KUNJU, AYIRATH THEKKATHIL, KAYAMKULAM,
ALLEPPEY-690 502.
4 KUNJUMON.S.,
AGED 53 YEARS
S/O.YOUSAF KUNJU, PANACHIVILA THEKKATHIL, KAYAMKULAM
P.O., ALLEPPEY-690 502.
5 SIRAJUDEEN.A.A.,
AGED 57 YEARS
S/O.H.ABOOBEKKAR KUTTY, NADAKKA MEENATHEEL HOUSE,
KEERIKKAD VILLAGE, KOTTUKULANGARA, KAYAMKULAM P.O.,
ALLEPPEY-690 502.
6 THAHAKUNJU.A.,
AGED 51 YEARS
S/O.KUNJU AHAMMED KUNJU, KANNAMPALLY, KAYAMKULAM P.O.,
ALLEPPEY-690 502.
7 A.ABDUL KHALAM,
AGED 71 YEARS
S/O.A.RAHIMAN KUTTY, GREN USHUS, KAYAMKULAM P.O.,
ALLEPPEY-690 502.
8 AJIMON.A.,
AGED 39 YEARS
S/O.ABOOBAKAR KUTTY, PDANILATH PUTHAN VEEDU, KAYAMKULAM
WP(C) NO. 26449 OF 2021
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P.O., ALLEPPEY-690 502.
9 THAHA KUNJU,
AGED 69 YEARS
S/O.ABOOBACKER KUNJU, FIRDOWS, KAYAMKULAM P.O.,
ALLEPPEY-690 502.
10 ABDULLAKUTTY.O.,
AGED 68 YEARS
S/O.OOMMERKUTTY MOULAVI, AYIRATHU MEKKATHIL, KAYAMKULAM
P.O.,M ALLEPPEY-690 502.
11 SHOOJA.P.A.,
AGED 56 YEARS
W/O.ABDULLAKUTY O., AYIRATHU MEKKATHIL, KAYAMKULAM
P.O., ALLEPPEY-690 502.
BY ADV P.SATHISAN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI P.O., PIN-110 001.
2 THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN-695 001.
3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
G-586, SECTOR 10, DWARAKA P.O., NEW DELHI-110 075,
REPRESENTED BY ITS CHAIRMAN.
4 THE PROJECT DIRECTOR, NHAI,
TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695 008.
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NHAI, COLLECTORATE, ALAPPUZHA
COLLECTORATE P.O., PIN-688 001.
BY ADV K.A.SALIL NARAYANAN
WP(C) NO. 26449 OF 2021
3
SRI. K.A SALIL NARAYANAN.S.C
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26449 OF 2021
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JUDGMENT
The petitioners have approached this Court seeking a direction to the 5th respondent, who is the Competent Authority for Land Acquisition (CALA) appointed under the provisions of the National Highways Act (NH Act for short), to consider Ext.P3 title document of their, while issuing the Award with respect to property acquired from them.
2. However, when this matter was called today, Sri.Salil Narayanan - learned Standing Counsel for the National Highway Authority of India (NHAI) and the learned Senior Government Pleader - Smt.K.Amminikutty, submitted that Awards with respect to the property in question have already been issued and therefore, that this writ petition is not maintainable.
3. In reply, Smt.Dona Augustine - learned WP(C) NO. 26449 OF 2021 5 counsel for the petitioners, submitted that her clients have not received the Awards until now; and that in any event, they are entitled to seek supplementary Awards in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Fair Compensation Act).
4. When I hear Sri.Salil Narayanan and Smt.K.Amminikutty as afore, it is evident that petitioners cannot now seek any direction against the CALA with respect to the Awards and their remedy will be to approach the competent Arbitrator under Section 3G(5) of the NH Act, if they are so interested. Of course, if they require a supplementary Award, they certainly can approach the CALA appropriately and the said Authority can consider it, provided such a supplementary Award is within its purview.
WP(C) NO. 26449 OF 2021 6 In the afore circumstances, I close this writ petition, leaving liberty to the petitioners, either to challenge the Awards now issued before the competent Arbitrator under the provisions of Section 3G(5) of the NH Act; or to approach the CALA for a supplementary Award - which, however, will be scrupulously considered by the said Authority as to whether he has any competence to issue such within the parameters of the "Fair Compensation Act".
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/07/01/2022 WP(C) NO. 26449 OF 2021 7 APPENDIX OF WP(C) 26449/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE SEC.3A NOTIFICATION DATED 15.02.2018. Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE SE.3 D NOTIFICATION DATED 12.02.2019. Exhibit P3 TRUE COPY OF THE SALE DEED NO.488/1/2016 OF KAYAMKULAM SUB REGISTRY OFFICE DATED 16.03.2016.
Exhibit P4 TRUE COPY OF THE SALE DEED NO.452/2011 OF KAREELAKULANGARA SUB REGISTRY OFFICE DATED 05.04.2011.
Exhibit P5 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 17.09.2021. Exhibit P5 A TRUE COPY OF THE REPLY FROM RIGHT TO INFORMATION ACT DATED 18.10.2021. Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER NO.GO(MS) NO.485/2015/RD DATED 23.09.2015.