Kerala High Court
K.M Shereef vs Union Of India on 9 December, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
WP(C) NO. 33038 OF 2022
PETITIONER:
K.M SHEREEF
AGED 70 YEARS
S/O. MUHAMMED UMMER, RAHMANIYA MANZIL,
KANNAMPALLI BHAGAM, KAYAMKULAM P.O.
ALAPPUZHA -690 502.
BY ADVS.
SRI P.SATHISAN
MS.DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA,
CENTRAL DELHI P.O., NEW DELHI-110001.
2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL
DELHI P.O., NEW DELHI-110001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI-110075.
4 CHAIRMAN,
NHAI, G-5 & 6, SECTOR-10, DWARAKA,
SOUTH WEST DELHI P.O., NEW DELHI-110075.
5 THE PROJECT DIRECTOR,
NHAI, TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI,
VALLAKKADAVU P.O, THIRUVANANTHAPURAM-695008.
6 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
PIN - 695 001.
7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NHAI, COLLECTORATE, ALAPPUZHA
COLLECTORATE P.O., PIN-688001.
W.P.(C)No.33038/2022
2
8 DISTRICT COLLECTOR,
ALAPPUZHA, COLLECTORATE, BESIDE ZILLA PANCHAYAT
OFFICE, CIVIL STATION WARD,
ALAPPUZHA COLLECTORATE P.O., KERALA-688 001
9 THE VILLAGE OFFICER,
KEERIKKAD VILLAGE OFFICE ROAD,
KARTHIKAPPALLY TALUK,
KAREELAKULANGARA P.O., ALAPPUZHA-690 572
10 THE SECRETARY,
KAYAMKULAM MUNICIPALITY, KAYAMKULAM COLLEGE P.O.,
ALAPPUZHA-690 502
BY ADVS.
SRI BIMAL K.NATH, SR.GOVT.PLEADER,
SRI B.G.BIDAN CHANDRAN, SC
MANU S., DSG OF INDIA
SRI RAJAN T R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.33038/2022
3
T.R. RAVI, J.
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W.P.(C)No.33038 of 2022
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Dated this the 9th day of December, 2022
JUDGMENT
Admit. DSGI takes notice for the respondents 1 and 2. Standing Counsel takes notice for respondents 3 to 5. Government Pleader takes notice for respondents 6 to 9. Standing Counsel takes notice for the 10th respondent.
2. The petitioner is the owner of 3.58 Ares (9 cents) of property in Sy.No.79, Block No.19 of Keerikkad Village, Karthikappally Taluk within the limits of Kayamkulam Municipality. An extent of 7.46 cents out of the said property, along with residential and commercial buildings, is acquired for the purpose of widening of National Highway 66. Ext.P12 is the award passed in the case. According to the petitioner, the award has been passed without considering the relevant aspects. It is stated that in the Section 3D notification the extent is shown as 0.0302 Ha as in DVS, corresponding to 7.46 cents. But, in the Section 3G award compensation had been given only for 0.0172 Ha, corresponding to 4.25 cents, by reducing 3.21 cents, which according to the petitioner is against the title, ownership and possession of the petitioner as per Exts.P1 to P5(a) documents. W.P.(C)No.33038/2022 4
3. The petitioner has filed this writ petition seeking a direction to the 7th respondent to pass a supplemental award in relation to 3.210 cents of land with additions thereon with reference to Exts.P1 to P5(a) and Ext.P10 detailed valuation statement settled by the 7th respondent within a time limit to be fixed by this Court and to disburse the amount as per the supplemental award; to declare that the petitioner is entitled for compensation for the entire extent of land acquired as per Ext.P13 Section 3D notification covering 0.0302 Hectares equivalent to 7.46 cents of land and is entitled for payment of compensation for the said extent of land; to direct the 7th respondent to pass a supplemental award in favour of the petitioner with respect to rehabilitation and resettlement as per Schedule II read with Section 28 of Act 30 of 2013 within a time limit to be fixed by this Court; to direct the 7 th respondent to pass additional award taking in the entitlement of the petitioner as per PAR 2012 CPWD rates settled with respect to electrification and plumbing at 12.5% and 12% respectively based on the valuation of the structure in the acquired land; and for other consequential reliefs.
4. Going by the provisions contained in the National Highways Act, once the award is passed, the matter has to be taken up before the Arbitrator for appropriate relief. Section 3G(7) gives W.P.(C)No.33038/2022 5 ample power to the Arbitrator to consider appropriate value to be fixed as compensation. Once the matter comes before the Arbitrator, the Arbitrator is also having the powers available under Section 17 of the Arbitration and Conciliation Act, 1996 (1996 Act for short) which permits issuance of interlocutory orders. In such circumstances, I deem it appropriate to relegate the petitioner to his remedy before the Arbitrator. In such circumstances, the writ petition is disposed of as follows;
5. The petitioner shall prefer appropriate application before the 8th respondent under Section 3G of the National Highways Act, regarding the claim that the value was fixed without referring to documents, the claim for entire extent of land, the claim for increase based on electrification and plumbing, the claim under Schedule II and Section 28 of Act 30 of 2013 and such other issues. The petitioner may also prefer application before the 8 th respondent under Section 17 of the 1996 Act, seeking interim reliefs, if necessary, within 10 days from the date of receipt of a certified copy of this judgment. On receipt of the application, the Arbitrator shall consider the interlocutory application and pass orders at the earliest and thereafter proceed to finalise the arbitration application. Dispossession and demolition shall be only after following the procedure prescribed in Section 3E of the National Highways Act, W.P.(C)No.33038/2022 6 1956, providing sufficient time for the Arbitrator to carry out valuation, if found necessary. The entire arbitration proceedings shall be completed at the earliest, at any rate, within ten months from the date of receipt of a copy of this judgment. The Arbitrator shall consider the effect of Ext.P12 judgment of this Court, while finalising the proceedings.
Sd/-
T.R. RAVI JUDGE dsn W.P.(C)No.33038/2022 7 APPENDIX OF WP(C) 33038/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY COPY OF THE LAND TAX RECEIPT NO.KL04041004924/2021 DATED 29.07.2021 ISSUED FROM KEERIKKAD VILLAGE Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.53972775 DATED 25.01.2021 ISSUED FROM KEERIKKAD VILLAGE Exhibit P3 TRUE COPY OF THE POSSESSION CUM NON-
ATTACHMENT CERTIFICATE NO.54351475 DATED 05.02.2021 Exhibit P4 TRUE COPY OF THE THANDAPPER ACCOUNT IN RELATION TO THE PROPERTY OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER DATED 10.02.2021.
Exhibit P5 TRUE COPY OF THE RELEVANT OF PAGE BTR REGISTER ISSUED FROM THE KEERIKKAD VILLAGE Exhibit P5A TRUE COPY OF THE REMITTANCE OF THE TAX RECEIPT NO.69 DATED 05.03.1997.
Exhibit P6 TRUE COPY OF BUILDING PERMIT DATED 16.08.1987 ISSUED BY THE MUNICIPAL COMMISSIONER Exhibit P7 TRUE COPY OF THE LATEST PERMISSION GRANTED BY 10TH RESPONDENT IN THE YEAR 1992 DATED 29-09-1992.
Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KAYAMKULAM MUNICIPALITY ALLOTTING THE DUE BUILDING NUMBER DATED 26-08-1997.
Exhibit P9 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.R1/21688/21 DATED 22.11.2021 ISSUED BY THE KAYAMKULAM MUNICIPALITY.
Exhibit P10 TRUE COPY OF THE DETAILED VALUATION STATEMENT (DVS) DATED 14.03.2022.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.10222 OF 2021 DATED 06.06.2022.
Exhibit P12 TRUE COPY OF SECTION 3G AWARD IN 16. LAC NO.1734/ 2019/ KEERIKKAD/ S.O.4348(E) A31744/2022 DATED 12.08.2022.
W.P.(C)No.33038/20228 Exhibit P13 TRUE COPY OF THE RELEVANT EXTRACT OF SECTION 3D NOTIFICATION IN S.O.4348(E) DATED 03.12.2020 PUBLISHED IN GAZETE 3D NOTIFICATION.
Exhibit P14 TRUE COPY OF TITLE DEED NO.486 OF 1986 DATED 02.06.1986 OF KEERIKKAD SRO Exhibit P15 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.28263 OF 2021 DATED 28.02.2022