Kerala High Court
Mohammed Salahuddin vs Union Of India on 17 March, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 7294 OF 2022
PETITIONERS:
1 MOHAMMED SALAHUDDIN, SHIRAZ MANZIL, KAYAMKULAM P.O,
KEERIKKAD (PART), ALAPPUZHA-690502.
2 ABOOBACKER, VELLALIL, KANNAMPALLIBHAGAM, KAYAMKULAM,
ALAPPUZHA-690502.
3 SIRAJUDEEN A.A., NADAKKAMEENATHEL, KOTTUKULANGARA,
KAYAMKULAM, ALAPPUZHA-690502.
4 SAIFUDEEN A.A, KOYIKAL, KOTTUKULANGARA, KAYAMKULAM,
ALAPPUZHA-690502, REPRESENTED BY HIS AUTHORIZED POWER
OF ATTORNEY, SIRAJUDEEN A.A, NADAKKAMEENATHEL,
KOTTUKULANGARA, KAYAMKULAM, ALAPPUZHA-690502.
5 NIZAM SIRAJUDEEN, NADAKKAMEENATHEL, KOTTUKULANGARA,
KAYAMKULAM, ALAPPUZHA-690502, REPRESENTED BY HIS
AUTHORIZED POWER OF ATTORNEY, SIRAJUDEEN A.A,
NADAKKAMEENATHEL, KOTTUKULANGARA, KAYAMKULAM,
ALAPPUZHA-690502.
6 JASEEM SIRAJUDEEN, NADAKKAMEENATHEL, KOTTUKULANGARA,
KAYAMKULAM, ALAPPUZHA-690502, REPRESENTED BY HIS
AUTHORIZED POWER OF ATTORNEY, SIRAJUDEEN A.A,
NADAKKAMEENATHEL, KOTTUKULANGARA, KAYAMKULAM,
ALAPPUZHA-690502.
BY ADVS.P.A.MOHAMMED SHAH
RENOY VINCENT
ASWIN KUMAR M J
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
WP(C) NO. 7294 OF 2022
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3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR-10, DWARAKA, NEW DELHI-110075,
REPRESENTED BY ITS CHAIRMAN.
4 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-
29/1539/1, RAJASREE KAIRALI, PERUMTHANNI,
VALLAKKADAVU P.O, THIRUVANANTHAPURAM-695008.
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF
INDIA, COLLECTORATE, ALAPPUZHA-688001.
6 EXECUTIVE ENGINEER,
PWD, NH DIVISION, ALAPPUZHA-688013.
SRI.SALIL NARAYANAN, SC
SRI.S.MANU, ASG OF INDIA
SMT. MABLE C.KURIAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 7294 OF 2022
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JUDGMENT
The issue impelled in this writ petition is as to the valuation of the properties acquired from the petitioners for the purposes of the National Highway Authority of India (NHAI).
2. Initially, the petitioners alleged that the valuation conducted was illegal, but when this matter was called today, Sri.Renoy Vincent - learned counsel for the petitioners, submitted that a second round of valuation has been done, culminating in Exts.P18 to P22. He, therefore, confined his plea that the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act, 1956, ('NH Act', for short), be directed to issue Awards taking note of Exts.P18 to P22. He then made an adscititious plea that, while the CALA embarks upon settling the Award, the holdings of this Court in Ext.P23 judgment also be directed to be adverted to.
WP(C) NO. 7294 OF 2022 -4-
3. Sri.Salil Narayanan - learned Standing Counsel for the NHAI, submitted that though he does not stand in the way of the directions being issued to the CALA to settle the Awards in terms of law, it is well recognized that said Authority cannot be dictated to by the petitioners as to the manner in which it has to be done.
4. The learned Senior Government Pleader - Smt.Mable C.Kurian, affirmed the afore submissions of Sri.Salil Narayanan, saying that CALA will certainly issue Awards taking note of all relevant and germane inputs, including Ext.P23 judgment, if it is relevant. Resultantly and for the reasons above, I order this writ petition and direct the 5th respondent - Special Deputy Collector - who is also the CALA - to settle and issue appropriate Awards with respect to the properties of the petitioners, adverting to all relevant inputs, including Exts.P18 to P22 valuation reports and Ext.P23 judgment.
At this time, the learned Senior Government WP(C) NO. 7294 OF 2022 -5- Pleader interjected to say that she has no information whether Awards have already been issued. I, therefore, order that the afore directions will be applied only if the Awards have not been issued until 09.03.2022 - on which day, an interim order was issued to defer issuance of the same - and not otherwise; consequently clarifying that if it have been issued, then the remedy of the petitioners will be to challenge it appropriately under the 'NH Act'.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 7294 OF 2022 -6- APPENDIX OF WP(C) 7294/2022 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 4TH PETITIONER IN FAVOUR OF THE 3RD PETITIONER DATED 17.11.2021. EXHIBIT P2 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 5TH PETITIONER IN FAVOUR OF THE 3RD PETITIONER DATED 30.11.2021. EXHIBIT P3 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 6TH PETITIONER IN FAVOUR OF THE 3RD PETITIONER DATED 08.12.2021. EXHIBIT P4 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.1 DATED 16.12.2021.
EXHIBIT P5 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER NO.1 BY KAYAMKULAM MUNICIPALITY DATED 05.02.2021. EXHIBIT P6 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.2 DATED 02.09.2021.
EXHIBIT P7 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER NO.2 BY PATHIYOOR GRAMA PANCHAYAT DATED 22.12.2021.
EXHIBIT P8 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.2 DATED 13.10.2021.
EXHIBIT P8(A) THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.2 DATED 13.10.2021.
EXHIBIT P8(B) THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.2 DATED 25.01.2021.
WP(C) NO. 7294 OF 2022 -7- EXHIBIT P9 THE TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE PETITIONER NO.3 BY KAYAMKULAM MUNICIPALITY.
EXHIBIT P10 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.4 DATED 13.10.2021.
EXHIBIT P11 THE TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE PETITIONER NO.4 BY KAYAMKULAM MUNICIPALITY DATED 18.01.2021. EXHIBIT P12 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER NO.5 AND 6 DATED 13.10.2021.
EXHIBIT P13 THE TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE PETITIONER NO.5 AND 6 BY PUTHIYOOR GRAMA PANCHAYAT DATED 25.06.2021. EXHIBIT P14 THE TRUE COPY OF THE RELEVANT PAGES IN THE NOTIFICATION NUMBERED AS S.O 817(E) ISSUED BY THE 1ST RESPONDENT DATED 12.02.2019. EXHIBIT P15 THE TRUE COPY OF THE RELEVANT PAGES IN THE NOTIFICATION NUMBERED AS S.O 796(E) ISSUED BY THE 1ST RESPONDENT DATED 11.02.2019. EXHIBIT P16 THE TRUE COPY OF THE RELEVANT PAGES IN THE NOTIFICATION NUMBERED AS S.O 4348(E) ISSUED BY THE 1ST RESPONDENT DATED 03.12.2020. EXHIBIT P17 THE TRUE COPY OF THE DETAILED VALUATION STATEMENT OF HIS PROPERTY OBTAINED BY THE 1ST PETITIONER DATED 10.01.2022. EXHIBIT P18 THE TRUE COPY OF THE DETAILED VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.1 BY THE OFFICE OF THE 6TH RESPONDENT DATED 12.01.2022.
EXHIBIT P19 THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.2 BY THE OFFICE OF THE WP(C) NO. 7294 OF 2022 -8- 6TH RESPONDENT DATED 29.12.2021. EXHIBIT P20 THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.3 SITUATED IN SURVEY NO.12 BY THE OFFICE OF THE 6TH RESPONDENT DATED 24.01.2022.
EXHIBIT P20(A) THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.3 SITUATED IN SURVEY NO.11 BY THE OFFICE OF THE 6TH RESPONDENT DATED 07.01.2022.
EXHIBIT P20(B) THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.3 SITUATED IN SURVEY NO.10 BY THE OFFICE OF THE 6TH RESPONDENT DATED 10.08.2021.
EXHIBIT P21 THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.4 BY THE OFFICE OF THE 6TH RESPONDENT DATED 25.01.2022. EXHIBIT P22 THE TRUE COPY OF THE VALUATION REPORT PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER NO.5 AND 6 BY THE OFFICE OF THE 6TH RESPONDENT DATED 10.01.2022. EXHIBIT P23 THE TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.28263/2021 DATED 28.02.2022. RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE