Kerala High Court
Adarsh R.C vs The National Highways Authority Of ... on 24 July, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
WP(C) NO. 25561 OF 2024
PETITIONERS:
1 ADARSH R.C
AGED 33 YEARS
S/O RAJENDRAN (LATE), R.C. BUILDING, MANGALAPURAM,
THONNAKKKAL PO, VEILOOR, THIRUVANANTHAPURAM TALUK,
THIRUVANANATHAPAURAM DISTRICT, PIN - 695317
2 ARSHA R.C
AGED 29 YEARS
D/O RAJENDRAN (LATE), R.C. BUILDING, MANGALAPURAM,
THONNAKKKAL PO, VEILOOR, THIRUVANANTHAPURAM TALUK,
THIRUVANANATHAPAURAM DISTRICT, PIN - 695317
3 CHANDRAVALLY
AGED 54 YEARS
W/O RAJENDRAN, R.C. BUILDING, MANGALAPURAM,
THONNAKKKAL PO, VEILOOR, THIRUVANANTHAPURAM TALUK,
THIRUVANANATHAPAURAM DISTRICT, PIN - 695317
BY ADVS.
RAJESH. K.RAJU
MOHAPRASEED MOHAN
RESPONDENTS:
1 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED
BY ITS PROJECT DIRECTOR G 5 & 6 ,
SECTOR 10, DWARKA, NEW DELHI, PIN - 110075
2 THE ARBITRATOR (NATIONAL HIGHWAYS) & DISTRICT
COLLECTOR, THIRUVANANTHAPURAM
CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM,
PIN - 695043
WP(C) No.25561 of 2024
2
3 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAYS,
GOVERNMENT OF INDIA, TRANSPORT BHAVAN, 1, PARLIAMENT
STREET, NEW DELHI, PIN - 110001
4 THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY
FOR LAND ACQUISITION(NATIONAL HIGHWAYS)
THIRUVANANTHAPURAM, OFFICE OF THE SPECIAL DEPUTY
COLLECTOR & COMPETENT AUTHORITY FOR LAND ACQUISITION
(NATIONAL HIGHWAYS ) CIVIL STATION,
COLLECTORATE,KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
PIN - 695043
BY ADVS.
B.G BIDAN CHANDRAN, SC
VIDYA KURIAKOSE, GP
T.C. KRISHNA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.25561 of 2024
3
JUDGMENT
The property having an extent of 1.68 cents in Re.Sy No.299/8 of Veiloor Village in Thiruvananthapuram Taluk in Thiruvananthapuram District and a portion of the building situated therein belonging to the late father of the petitioners were acquired under the provisions of the National Highways Act, 1956 for the purpose of widening the National Highway in Thiruvananthapuram District. The 4th respondent herein awarded compensation to the petitioners. Ext.P1 is the award. Challenging Ext.P1, the petitioners have preferred Ext.P2 before the 2nd respondent.
2. The limited prayer in this Writ Petition is to give a direction to the 2nd respondent to dispose of Ext.P2 within a time frame.
Having heard Sri. Rajesh K. Raju, the learned counsel for the petitioners, Sri. B.G. Bidan Chandran, the learned Standing Counsel for the National Highways Authority of India, Sri. T.C Krishna, the learned DSGI and Smt. Vidya Kuriakose, the learned Government Pleader, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on WP(C) No.25561 of 2024 4 Ext.P2 application, if it has been received by him, within a period of one year from the date of receipt of a copy of this judgment, after hearing both sides.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE AJ WP(C) No.25561 of 2024 5 APPENDIX OF WP(C) 25561/2024 PETITIONER EXHIBITS EXHIBIT P-1 A TRUE COPY OF THE AWARD DATED 2/6/2021 IN LAC NO.664/2020 PASSED BY THE 4TH RESPONDENT EXHIBIT P-2 A TRUE COPY OF THE ARBITRATION APPLICATION DATED 25/2/2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.